Pouquette

This suit was brought by the beneficiary to recover upon an accident insurance policy issued by the defendant upon the life of one Simon Pouquette, who died shortly after the wreck of an automobile which he was driving. The policy contains the usual clause restricting the coverage to loss of life resulting, without other contributing cause, from bodily injury effected solely by the happening of a purely accidental event. Appellant's principal assignment is that the court erred in denying its motion for a nonsuit or directed verdict.

It is either undisputed, or there is substantial evidence to establish, that deceased was a sheep man about 55 years old, with no known ailment, except that at times he had slight rheumatism in his legs. He resided at or near the town of Wickenburg, Ariz., and the day before the accident he had for the most part spent in Phoenix, awaiting the repair of his automobile, a, seven-passenger Studebaker. The ear was turned over to him some time between 9 and 10 o'clock at night, and thereupon he started for his home, closely followed by a friend and a relative, who had spent the day with him, riding in another ear. After driving for some distance, it was…