Broyer

Writ of error by the insurance company to review a judgment entered upon a verdict in favor of Alice L. *819 Broyer, as administratrix of the estate of her husband. The action was upon a policy of accident insurance, which provided for the payment to the estate of Broyer of $15,000 in the event his death resulted from “bodily injuries sustained while this policy is in force, caused directly and independently of all other causes, by violent and accidental means.” The insurance company defended upon the ground that the facts surrounding Broyer’s death failed to show that death was due to violent and accidental means.

On the morning of September 23, 1925, Broyer, an attorney and business man, about 40 years old and in good health, was found dead in a gas-filled room in a hotel in Sacramento. The windows of the room were closed and the shades were drawn. In the same room at the same time one Lehners was found near death, but was revived.

About March, 1925, Broyer acquired 49 per cent, of the stock of an advertising company of which Lehners was proprietor. Mrs. Broyer had 2 per cent, and Lehners retained 49 per cent. In arranging his finances at that time, Broyer borrowed some stocks…