Babbitt

Appellee sued as beneficiary of an accident insurance policy issued to her husband in 1924, and allegedly maturing by reason of the husband’s death in 1943. The appeal is from a judgment for the beneficiary entered on the verdict of a jury.

The face amount of the insurance certificate was payable in the event the insured member should suffer death through external, violent and accidental means while the certificate remained in force. There was to be no liability if disease, defect or bodily injury was a contributing cause of death. Death within the intendment of the ■ certificate was pleaded. The defendant by answer or in the course of the trial admitted the issuance of the certificate, the regular payment of all dues and assessments, and that as of the date of the insured’s death the certificate was in force and effect. An affirmative defense pleaded and relied on was that disease or bodily 'infirmity was a contributing cause.

The insured, who was a railway mail clerk, had since 1928 been retired from the service because of multiple sclerosis. Evidence was introduced on appellee’s behalf *315 to the effect that the insured suffered an accidental fall when a loose corner of a…