Barr v. Equitable Life Assur. Soc.

This is an appeal from a judgment of the district court in a jury waived case. Appellant as beneficiary sued appellee on its policy insuring the life of her husband, Arthur Barr, in the sum of $10,000 and an additional $10,000 in the event that his death is proved to have resulted solely from bodily injuries caused directly, exclusively and independently of all other causes by ex-terna], violent arid purely accidental means.

Liability for $10,000 was admitted, and the issue before the district court was whether there was a liability for an additional $10,000 because the death was due to the infection of a bite of a tick causing Rocky Mountain spotted fever. On this issue the burden was upon the plaintiff.

The trial proceeded to the conclusion of the plaintiff’s evidence, from which the trial judge could have inferred that the plaintiff had not maintained her burden of proof. The court adjudged that she take nothing and dismissed the suit.

We agree that there is evidence warranting the inferences of fact supporting the judgment. We assume there is testimony from which a contrary inference may be drawn. The claimed error remaining for our consideration is whether, under federal…