Griner

Oliver T. Griner, a dentist aged sixty years, was insured by an accident policy of the appellant. He was bitten by a mad dog belonging to him and died within an hour and a half thereafter. The appellee, his widow, sued on the policy, and the appellant insurance company defended on the ground that decedent did not die as a result of bodily injury sustained through accidental means which resulted directly and independently and exclusively of all other causes in death, a condition fixed by the terms of the policy as that insured against. The widow recovered judgment, and the insurance company appeals.

The substance of the appellant’s claim is that the evidence shows that the deceased had some organic disease which contributed to the resulting death, in which event it must be conceded that there can be no recovery by reason of the fact that in such ease the injury was not the sole cause of death. In considering the ease on appeal we must accept the testimony which supports the verdict, if substantial, and reject the evidence to the contrary; such issues having been determined by the jury. Consequently, we must assume that the deceased was in perfect health so far as known at the time…