Berliner

Action upon a policy insuring George Berliner, the husband of plaintiff, against death caused by accident. At the conclusion of plaintiff’s evidence defendant moved for a nonsuit, the motion was granted, and from the judgment entered thereon the plaintiff appeals.

Said policy insured said Berliner against loss of time resulting from bodily injuries effected through external, violent and accidental means, and classifies the injuries and the compensation for loss of time. It then provides: “e. Or if death results from such injuries alone within ninety days, will pay ten thousand dollars to Mary I. Berliner, his wife, if surviving; in event of her prior death, to the legal representatives or assigns of insured, f. If such injuries are sustained while riding as a passenger in any passenger conveyance using steam, cable, or electricity as a motive power, the amount to be paid shall be double the sum above specified. Provided: If insured is injured in any occupation or exposure classed by this company as more hazardous than that here given (that of mining expert), his insurance shall only be for such sums as the premium paid by him will purchase at the rates fixed for such increased…