Walsh

This is an appeal from a judgment of the United States District Court for the Eastern District of Washington awarding the appellee administratrix recovery on an accidental death insurance policy issued by appellant. Jurisdiction was based on diversity of citizenship. Appellant contends that the District Court erred in finding that the death of appel-lee’s husband was caused by an “accident” as that term is used in its policies and as it is interpreted by the Washington Supreme Court.

Ralph H. Garett, appellee’s husband, was insured with appellant for $3,750.00' against loss of life “resulting directly and exclusively of all other causes, from bodily injuries sustained during the life of this policy solely through external, violent and accidental means * * * ”

On September 24, 1953, Garett was unloading from his truck 43 sacks of wheat each weighing approximately 140 pounds. He was assisted by his son. Garett would drag the sacks along the bed of the truck to its rear end. He would place the sacks upright on a 2" x 8" plank which ran from the rear of the truck into the place of storage. His son would place his right arm around the sack and slide it along and down the plank in an…