Stark

This is an appeal from a judgment of the district court in a jury-waived case on a policy insuring the deceased, Charles William Stark.

The policy stated the insurance to be:

“* * * against loss resulting from Bodily Injuries effected independently and exclusively of all other causes directly through accidental means, as follows:

* * *

“* * * Subject to its terms, limits and conditions this policy covers the insured in the event of death * * * due to * * drowning, choking in swallowing * * * asphyxiation * *'

The following exceptive provision was set forth in the policy: “This policy shall not cover * * * death * ,* * caused or contributed to directly or indirectly, wholly or partly, by bodily or mental infirmity, ptomaines, bacterial infections (except pyogenic infections which shall occur simultaneously with and through an accidental cut or wound * * *) or by any other kind of disease * * *.”

The appellant contends that the evidence does not support the following finding of the court: “3. That on or about the 6th day of July, 1938, the said Charles William Stark accidentally fell into the Orr Ditch in Washoe County, Nevada, and as a direct result thereof, independently and…