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 3 1924 019 368 285 
 
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 Library 
 
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 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924019368285 
 
READY REFERENCE DIGEST 
 
 OF 
 
 ACCIDENT AND HEALTH 
 INSURANCE LAW 
 
 BY 
 
 MYRON W. yAN AUKEN 
 
 Of the UacaTS. Y., Bar 
 
 General Counsel. The Commercial Travelers' Mutual Accident Association 
 
 of America, Utica, N. Y. 
 
 WITH AN INTRODUCTION 
 
 BY WILLIAM BROSMITH 
 
 General Counsel and Vice-President of The 
 Travelers' Insurance Co., Hartford Conn. 
 
 ACCIDENT DEFINED 
 
 DISEASE DISTINGUISHED 
 
 TABLE OF CASES 
 
 TOPICAL INDEX 
 
 ALBANY, N. Y. 
 
 MATTHEW BENDER & COMPANY 
 Incorporated 
 
 1922 
 
Copyright, 1922, 
 By MYRON W. VAN AUKEN 
 
 Earle Printing Corporation 
 Albany, N. Y. 
 
FOREWORD 
 
 The basic requirements of any claim against an 
 Accident Insurance Company are (1) an injury, 
 fatal or non-fatal and ,(2) that the injury was 
 caused by accident or accidental means. 
 
 The definitions found in the dictionaries of 
 accident and accidental means indicate a general 
 and fundamental meaning but they do not furnish 
 an accurate and sufficient guide for those who 
 Imust ascertain th^ir, meaning when they appear 
 in a contract of accident insurance. 
 
 The Courts, and not the dictionaries, furnish 
 the only controlling and binding guide as to the 
 meaning of these words when used in a contract 
 of accident insurance, and the only authority that 
 can be safely followed. 
 
 For such guidance and authority the reported 
 decisions, upon this subject, from every Federal 
 Court in the United States, of the State Courts of 
 every State of the United States, of many local 
 courts, and many of the important decisions of 
 the Courts of Canada and England have been 
 collated and, for the first time, are here brought 
 together and published in a single volume. 
 
 A complete table of the cases cited and 
 arranged in alphabetical order, is appended. 
 
 The book includes a topical index also arranged 
 in alphabetical order, containing the common- 
 place names applied to injuries, the location of 
 
 (lii) 
 
IV FOREWORD 
 
 them, as arm, head, foot, etc., and an amplitude of 
 cross-references, which will instantly point to the 
 page where the case may be found. In every case 
 cited a statement of the facts as well as the deci- 
 sion of it, appears. 
 
 This book, with its table of cases and topical 
 index, has been in the maldng for the last 35 
 years, during which its compiler has held the 
 position of General Counsel of The Commercial 
 Travelers' Mutual Accident Association of 
 America, of Utica, N. Y. It was begun and has 
 been continued by him for his own professional 
 use and his own convenience. 
 
 Its publication is in response to a formal re- 
 quest made to him at a meeting of the General 
 Counsels' Association of Accident and Health 
 Companies held at West Baden, Indiana, in 
 August, 1921, and to the requests of members of 
 the bar throughout the country who have become 
 familiar with it and have recognized its con- 
 venience. 
 
 The " scratch-book " in which it was started 
 was christened a " Eeady Eeference Digest." 
 
 It is still a real " Ready Eeference Digest," 
 readier than ever because of its increased growth 
 and age. 
 
 Such merit as may be claimed for it consists in 
 the fact that it includes all the cases, within its 
 scope, and any of them can be found by any per- 
 son at the very time they are needed. 
 
 M. W. Van Auken. 
 
 Utica, N. Y., June 6, 1922. 
 
INTRODUCTION 
 
 BY WILLIAM BROSMITH 
 
 General Counsel and Vice-President of The 
 Travelers' Insurance Co., Hartford, Conn. 
 
 Everyone who is related in any way to the right 
 adjustment of claims for indemnity under policies of 
 accident and health insurance will find the Ready 
 Reference Insurance Digest just what it purports to be 
 — a helpful and dependable compilation of what the 
 courts have declared to be the rights and obligations 
 of the parties to such insurance contracts. What has 
 been held to be the law with regard to any .particular 
 casualty or cause of disability or the interrelation of 
 cause and effect will be found to be stated with a terse- 
 ness and directness that will appeal to the mind of the 
 layman and should be useful in the way of suggestion, 
 in these respects, to the mind of the lawyer. 
 
 Perhaps in no way will this compilation serve a bet- 
 ter purpose than by the prevention of controversies 
 and litigations as to the merits of claims for losses. 
 Insurance companies as well as policyholders and bene- 
 ficiaries are vitally interested in the speedy and right 
 adjustment of indemnity claims and should therefore 
 welcome this Digest as an office assistant in this 
 direction. 
 
 (v) 
 
VI INTEODUCTION. 
 
 The story told in the eases cited is one of serious 
 and expensive mistakes for which the policyholders 
 and beneficiaries at times and the insurance companies 
 at other times were to blame. In the early days of 
 accident and health insurance — and a very large per- 
 centage of these cases date back to these early days — ^it 
 was natural that the companies on the one hand and 
 the claimants on the other should differ as to the appli- 
 cation of a policy to a given state of facts or as to the 
 relation between a so-called accident and subsequent 
 disability or death. But time and the courts, although 
 obviously, as the pages of this work will indicate, the 
 courts were not always in agreement and therefore 
 could not have been right id all cases, have developed 
 certain rules which tend to lessen the number of such 
 differences and as a consequence the amount of litiga- 
 tion. It is a fact not sufficiently known or appreciated 
 that, although the growth and development of accident 
 and sickness insurance in this country during the last 
 half century have been phenomenal, the ratio of dis- 
 puted or controverted claims has been materially 
 reduced. 
 
 WILLIAM BROSMITH. 
 
 Hartford, Connecticut, 
 July 24, 1922. 
 
ARRANGEMENT 
 
 Page 
 Foreword iii 
 
 Introduction by William Brosmith, General Coun- 
 sel of the Travelers' Insurance Co. of Hartford, 
 
 Conn V 
 
 « 
 
 Ready Reference Insurance Digest; Accident 
 Defined, Disease Distinguished 1-250 
 
 Table of Cases 251-273 
 
 Topical Index 274-357 
 
 (vii) 
 
READY REFERENCE INSURANCE 
 DIGEST 
 
 Exertion, restraining runaway horse — Fright or strain 
 — Death. 
 
 While one insured against accident was driving 
 along a public street, his horse became frightened 
 at an unsightly object and ran away, without up- 
 setting the carriage or coming in contact with 
 anything ; but the insured was apparently greatly 
 endangered at the time, and suffered so severely, 
 either from fright, or strain caused by his physi- 
 cal exertion in restraining the horse, that he died 
 wdthin an hour afterward. Held, that death en- 
 sued from bodily injuries effected through exter- 
 nal, violent and accidental means. 
 
 McGlinchy et al. v. Fidelity and Casualty 
 
 Company (Me. S. J. C), 
 80 Me. 251; 14 Atl. Eep. 13; 6 Am. St. 
 
 Eep. 190. 
 
 Fall — Slipped on inclined platform at freight house — 
 Leg injured — Septic or pyemic symptoms developed 
 Infection. 
 
 Insured on April 30, 1906, while walking up an 
 incline leading to the platform of a freight house, 
 
2 READY REFERENCE INSURANCE DIGEST 
 
 slipped and fell, seriously injuring his leg below 
 the knee, and the disability continued to August 
 17th following. A physician who attended in- 
 sured testified that he was called and dressed the 
 wound, and in about a week or ten days, possibly 
 less, insured developed septic or pyemic symp- 
 toms, which are about the same, and very decided 
 symptoms and swelling of the leg, and that con- 
 tinued for some little time, and the wound was 
 a long time healing, as such wounds usually are. 
 That the injury to the bone caused the infectious 
 condition, which occurred in about ten days, and 
 which was the natural and expected result of the 
 accident. Held, that the company is liable; the 
 fact that infection resulted did not bring the same 
 within the terms of the limitation; the words 
 "injury or disability" being referable to the time 
 of the accident. 
 
 Garvey v. Phoenix Preferred Accident 
 Insurance Company (N. T. S. C), 
 123 App. Div. 106; 108 N. Y. Supp. 186. 
 
 Sunstroke — ^Accident. 
 
 An accident policy insuring against bodily in- 
 jury from accidental means, provided that sun- 
 stroke, suffered through accidental means, should 
 be deemed bodily injuries. Insured, after being 
 exposed to the sun's rays in the necessary conduct 
 of his business, suffered a "sunstroke," which is 
 defined as an inflammatory disease of the brain, 
 brought on by exposure to the too intense heat of 
 the sun's rays, or to over-heated air. Held, that, 
 
ACCIDENT, defi ned; DISEASE DISTINGUISHED 3 
 
 as insured, while intending to be in the sun, did 
 not intend to produce a sunstroke, the sunstroke 
 was an "accident," which is an event that takes 
 place without one's foresight or expectation, and 
 hence was within the policy, being produced by 
 "accidental means," which are agencies that pro- 
 duce effects that are not their natural and prob- 
 able consequences; the requirement that the sun- 
 stroke be produced by accidental means not re- 
 quiring an accident to precede the sunstroke. 
 
 Gallagher v. Fidelity and Casualty Com- 
 pany of New York (N. Y. S. C), 
 163 App. Div. 556; 148 N. Y. Supp. 
 
 1016;44Ins.L. Jour. 448. 
 Affirmed: 221 N. Y. 664; 117 N. E. 
 Rep. 1067. 
 
 Leg injured in striking against truck — ^Abrasion — In- 
 fection — Blood poisoning — Septicaemia — Death. 
 
 Where the accident occurred by the insured 
 striking her leg against a truck in the department 
 store where she worked, causing an abrasion of 
 the skin, which became infected by the germ called 
 staphyloccus, from which developed acute general , 
 septicaemia,, or blood poisoning, which was the 
 cause of her death eight days after the accident, 
 it was held that the clause in the policy limiting 
 insurer's previously expressed liability, where the 
 injury or loss "resulted from or was contributed 
 to by any poison, disease, infection," etc., such 
 limitation applies to a disease or infection which 
 
4 READY BEFEREBTCE INSURANCE DIGEST 
 
 the deceased was suffering prior to or^at the time 
 of the accident. 
 
 Finucane v. Standard Accident Insur- 
 ance Company (N. Y, S. C.) 
 184 App. Div. 280; 171 N. Y. Supp. 
 1018;52Ins.L. Jour. 603. 
 
 Fall in plunge bath. 
 
 Deceased, who was subject to epileptic fits, was 
 found dead in a plunge bath in an almost standing 
 position, the water having a temperature of about 
 100 degrees. There was an abrasion between his 
 eyes, and a bruise on one side of his head. His 
 physician testified that the entrance into the bath 
 of one in his condition would be likely to result in 
 an epileptic attack, and that the fall or blow which 
 caused the abrasion or bruise, was not sufficient 
 to have caused death. Held, upon the evidence 
 that the deceased came to his death through other 
 causes "than external, violent and accidental 
 means," within the intent and meaning of the 
 policy in suit. 
 
 Tennant v. Travelers' Insurance Com- 
 pany (U. S. C. C), 
 31 Fed. Eep. 322. 
 
 Hernia — Groin injured in running against door knob. 
 
 Where the policy indemnified against death 
 resulting from " external, violent and accidental 
 means," but stipulated that the insurer was not 
 to be liable when death resulted " wholly or par- 
 
tially, directly or indirectly, from hernia," and 
 
 the insured, in running against a door knob so 
 
 injured his groin that hernia resulted, and he 
 
 afterwards died, the insurer is nevertheless liable. 
 
 Miner v. Travelers' Insurance Company 
 
 (Ohio C. P.), 
 
 3 Ohio S. & C. P. Dec. 289; 2 Ohio N. 
 
 P. 103. 
 
 Fall against dashboard of buggy — ^Abdomen injured — 
 Appendicitis — Septic peritonitis — Surgical operation 
 — Prior attacks of appendicitis. 
 
 Where assured was driving in a buggy when the 
 front wheel ran off and caused him to be thrown 
 against the dashboard, striking his abdomen ; and 
 soon thereafter he was seized with pain in his 
 bowels, especially on the right side, and later 
 suffered severe cramping pains in the abdomen, 
 nausea, high fever and rapid pulse, which trouble 
 the doctors diagnosed on the third day as "acute 
 appendicitis," and two days thereafter an opera- 
 tion was performed which disclosed that the 
 trouble was "acute appendicitis, septic periton- 
 itis and locked bowels," and on the seventh day 
 after the injury assured died, his doctors stating 
 that his death was caused by these diseases and 
 that they were the direct results of the accidental 
 injury. 
 
 However, about ten or twelve years before 
 assured suffered two different attacks of appen- 
 dicitis, and three prominent surgeons testified as 
 
6 READY EEFEKENCE ISTSUKANCE DIGEST 
 
 experts that the injury could not have caused the 
 third attack of appendicitis, but that the immedi- 
 ate cause of death was septic peritonitis, the 
 result of chronic, recurrent appen,dicitis. 
 
 The question of cause of death was submitted 
 to the jury, and it rendered a verdict for plaintiff. 
 In the opinion, the Circuit Court of Appeals gave 
 the following rule: 
 
 " If the insured recovered from his former 
 attacks of this disease, so that it no longer existed 
 in his body, and there was only a susceptibility 
 to have it in case a proper exciting cause should 
 arise, and in this case the faU against the dash- 
 board proved to be such exciting cause, the case 
 would be one for recovery under the policy; but 
 if because of former attacks there was not merely 
 a susceptibility to a further attack, but the actual 
 disease itself existed, liable to be rendered active 
 and virulent by an injury such as that suffered by 
 the insured, in that event the active disease which 
 resulted in death would not be regarded as the 
 result of the fall and the latent diseases, and 
 hence there could be no recovery under the 
 policy." 
 
 Judgment affirmed against company. 
 
 New Amsterdam Casualty Company v. 
 Shields (U. S. C. C. A., 6th Cir., 
 Tenn.), 
 155 Fed. Eep. 54; 85 C. C. A. 122; 36 
 Ins. L. Jour. 1046. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 7 
 
 Bicycle riding' — ^Inflammation of appendix — Septic 
 peritonitis. 
 
 Under a policy providing that, if the insured's 
 death resulted solely from bodily injuries effected 
 through external, violent, and accidental means, a 
 certain sum shall be paid; that, if such death 
 result from such means, while riding a bicycle, 
 double that sum shall be paid; but that if death 
 result from other causes, the insurer shall not be 
 liable on the death of the insured from septic 
 peritonitis resulting from an inflammation of the 
 appendix, caused by the regular movement of the 
 psoas muscle while the insured was riding his 
 bicycle. 
 
 Appel V. Aetna Life Insurance Com- 
 pany (N. Y. S. C), 
 86 App. Div. 83; 83 N. Y. Supp. 238. 
 Affirmed: 86 N. Y. Supp. 1128; 180 N. 
 Y. 514; 72 N. E. 1139. 
 
 Pneumonia — Traumatic form — ^No accident. 
 
 In an action on an accident insurance policy 
 which insured against " bodily injuries effected 
 though evternal, violent and accidental means," 
 it appeared that assured died of pneumonia, with 
 symptoms of the traumatic form. Assured was 
 a miner, and was taken sick while at work; but 
 there was no evidence of any accident at the ihine 
 and assured made no complaint of any injury at 
 the time. Held, that evidence of a statement 
 relating to an injury, made by assured to his phy- 
 sician thirty-six hours after the physician was 
 
8 READY REFERENCE INSURANCE DIGEST 
 
 first called, was not admissible as part of the 
 res gestae, where such statement did not purport 
 to have been made in connection with the profes- 
 sional treatment. 
 
 Equitable Mutual Accident Assciation v. 
 McCluskey (Colo. S. C), 
 1 Colo. App. 473, 29 Pac. Eep. 383 ; 21 
 Ins. Law Jour. 540. 
 
 Fall — Peritonitis — ^prior attacks of peritonitis of liver. 
 
 Where assured died of perionitis locahzed in 
 the region of the liver, and induced by a f aU, and 
 having previously had peritonitis in the same 
 part, and the disease having produced effects 
 which rendered him liable to its recurrence, and 
 the policy insuring against death from external, 
 violent and accidental means, but conditioned not 
 to extend to any case in which death or disability 
 occurs in consequence of disease . . . nor to 
 any case except where the injury is the proximate 
 cause of the disability or death, the presiding 
 Justice stated in his instructions to the jury, the 
 following rule : 
 
 The quesion as to whether peritonitis, if that 
 caused his death, is to be deemed a disease within 
 the meaning of this policy, and the proximate 
 cause of death . . . so as to prevent recovery, 
 depends upon the question whether or not before 
 the time of the fall, and at the time of the fall, he 
 had then the disease — ^was then suffering with the 
 disease. If he was then— although aggravated 
 and made fatal by the fall, he can not recover. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 9 
 
 But, if owing to existing lesions caused by that 
 disease, but not having the disease at the time, the 
 same kind of malady — that is, peritonitis — was 
 started up, the company was to be answerable, 
 although, if there had been a normal state of 
 things the fall would not have occasioned such a 
 result. 
 
 It was held that this ruling gave an interpreta- 
 tion to the language of the policy which was in 
 accordance with the apparent purpose and inten- 
 tion of the parties, and which made the contract 
 a beneficent provision for the beneficiaries named 
 in it. 
 
 Freeman v. Mercantile Mutual Accident 
 Association (Mass. S. J. C), 
 156 Mass. 351; 30 N. E. 1013; 17 L. R. 
 A. 752; 21 Ins. L. Jour. 663; 46 Al- 
 bany L. Jour. 77. 
 
 Jumped from platform — Internal organs injured — 
 Stricture of duodenum — Duodenitis. 
 
 It appeared that deceased jumped voluntarily 
 from a platform four or five feet from the ground, 
 alighting heavily; that shortly afterwards he 
 vomited; from that time on retained nothing on 
 his stomach; passed nothing but decomposed 
 blood and mucus, and died nine days afterwards 
 from a stricture of the duodenum, duodenitis, pro- 
 duced by the accident, the complaint alleging. 
 
 Held, that it was proper to charge that the 
 jump was the means by which the injury, if any 
 was sustained, was caused, and that the question 
 
10 READY EEFEEENCE INSURANCE DIGEST 
 
 was whether there was anything accidental in the 
 act of jumping from the time deceased left the 
 platform to the time he alighted on the ground. 
 Where two of his companions jumped from the 
 same platform just before deceased, and alighted 
 safely, it will be presumed that deceased intended 
 to and thought thsit he would alight safely, and a 
 verdict that it was an accident that he did not so 
 alight was warranted. 
 
 In the general charge the Court laid before the 
 jury the issue as to the constriction or occlusion 
 of the duodenum, and charged that the jury must 
 weigh the conflicting claims in regard thereto, and 
 that if deceased received an injury which directly 
 produced duodenitis and thereby caused death, 
 the injury was the proximate cause of death. 
 
 United States Mutual Accident Company 
 V. Barry (U. S. C. C.) 
 
 131 U. S. 100; 9 Sup. Ct. 755; 33 L. Ed. 
 60 ; 40 Albany Law Jour. 35. 
 
 Affirming 21 Fed. 712. 
 
 Fall down flight of stairs — Rupture of large aneurism 
 on aorta — Faintness cause of fall. 
 
 While going down a flight of stairs insured fell. 
 At the time he was with his daughter. As soon as 
 assistance arrived the daughter stated that her 
 father had fainted. The father himself had 
 stated, as testified by a witness, that: "When he 
 was going down the stairway everything before 
 him got blank and he felt a faintness coming over 
 
ACCIDENT, def ined; DISEASE DISTINGUISHED 11 
 
 him and he must have fallen." There were no 
 obstructions on the stairway which could have 
 tripped him. There were no bruises on his body. 
 The immediate cause of death, which occurred 
 eleven days after the fall, was the rupture of a 
 large aneurism on the ascending part of the aorta. 
 There was expert evidence to the effect that an 
 aneurism of the size found was a condition of long 
 standing and of slow growth. 
 
 Held, that the verdict in favor of the plaintiff 
 was against the weight of the evidence. The lia- 
 bility of the defendant does not extend to a death 
 which results from, or in consequence of, any 
 disease, nor to any death, uiiless caused by bodily 
 injury which is external, accidental, and is the 
 proximate, sole and only cause of death. Plain- 
 tiff was bound to show that her decedent's death 
 came strictly within the terms of the contract. 
 
 Sasse V. Order of United Commercial 
 
 Travelers of America (N. Y. S. C), 
 168 App. Div. 746; 154 N. Y. Supp. 
 
 558; 172 App. Div. 952; 157 N. Y. 
 
 Supp. 1144; 179 App. Div. 927; 166 
 
 N. Y. Supp. 1113 ; 180 App. Div. 887 ; 
 
 166 N. Y. Supp. 1113. 
 
 Affirmed, 226 N. Y. 669. 
 
 See, also, Sasse v. Travelers' Insurance 
 Company (N. Y. App. Div.), 
 154 N. Y. Supp, 569 ; 169 App. Div. 187. 
 
12 EEADY REFERENCE INSURANCE DIGEST 
 
 Fever — Hernia — Blow on head from falling plaster. 
 
 A clause in a policy excepting from the opera- 
 tion thereof an injury resulting from disease does 
 not fall within the exception where a policy holder 
 had a long and serious illness, such as a fever, and 
 while recovering therefrom received a blow on the 
 head from falling plaster, from which death re- 
 sulted ultimately, though not immediately, the 
 proximate cause of death would be, not the fever, 
 but the blow from the plaster, although death 
 might not have resulted but for the debilitated 
 condition of the injured person, resulting from 
 the fever. In such a case the immediate cause of 
 the death was the blow on the head, though the 
 consequences might be the result of the disease 
 from which he suffered. In order to prevent a 
 recovery under such a clause in the policy, it must 
 be shown that the disease was the substantial 
 cause of the injury; and the mere fact that the 
 disease may aggravate the consequences of the 
 injury and make them more serious than would 
 have been otherwise, does not bring the case with- 
 in the exception stated in the policy. 
 
 Where an accident insurance company seeks to 
 avoid liability under a clause in its policy provid- 
 ing that it shall not be liable for any injuries or 
 death resulting wholly or in part from hernia, and 
 the insured at the time of the injury had an exist- 
 ing hernia in his system, it is incumbent for the 
 company, after it has shown that an injury re- 
 sulted from an accident, to show that the hernia 
 was the contributing cause which brought about 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 13 
 
 the injury resulting from the accident, and it is 
 sufficient to show that the existence of the hernia 
 rendered the consequences more serious. 
 
 Thornton v. Travelers' Insurance Corn- 
 Company (Ga. S. C) 
 116 Ga. 121; 42 S. E. 287; 94 Am. St. 
 Eep. 99 ; 32 Ins. Law Jour. 38. 
 
 See following : 
 
 This case was tried in accordance with the for- 
 mer ruling, reported in 116 Ga. 121, 42 S. E. 287, 
 94 Am. St. Eep. 99. The evidence was conflicting, 
 but sufficient to sustain a verdict for the plaintiff 
 for eight weeks' disability. None of the assign- 
 ments of error present grounds requiring the sec- 
 ond grant of a new trial. Judgment for plaintiff 
 below ; here affirmed against company. 
 
 Travelers' Insurance Company v. Thorn- 
 ton (Ga. S. C), 
 119 Ga. 455; 46 S. E. 678; 33 Ins. Law 
 Jour. 443. 
 
 Falling of scalding water in ear — Disease and low vi- 
 tality. 
 
 The complaint alleged that the injury which re- 
 sulted in the death of the insured was caused by 
 the accidental falling of scalding water into his 
 ear. 
 
 In an action on a policy the Court say: "We 
 think the only reasonable interpretation to be 
 placed upon this clause (insurer should be liable 
 
14 BEADY BErEEENCE INSUEANCE DIGEST 
 
 for the death of the insured if it resulted solely 
 from accidental injuries) is to say that the injury 
 must stand out as the predominant factor in the 
 production of the result, and not that it must 
 have been so virulent in character as necessarily 
 «nd inevitably to have produced that result re- 
 gardless of all other conditions and circum- 
 stances. People differ so widely in health, vital- 
 ity and ability to resist disease and injury, that 
 what may mean death to one man would be com- 
 paratively harmless to another, and therefore the 
 fact that a given injury may not generally be 
 lethal does not prevent it from becoming so under 
 certain circumstances or conditions ; and if under 
 the peculiar temperament or condition of health 
 an individual upon whom it is inflicted, such in- 
 jury appears as the active, efficient cause that sets 
 in motion agencies that result in death, without 
 the intervention of any other independent force, 
 then it should be regarded as the sole and proxi- 
 mate cause of death. The fact that physical in- 
 firmities of the victim may be a necessary condi- 
 tion to the result does not deprive the injury of 
 its distinction as the sole producing cause. In 
 such case disease or low vitality do not arise to 
 the dignity of concurring causes, but, in having 
 deprived nature of her normal power of resist- 
 ance to attack, appear rather as the passive allies 
 of the agencies set in motion by the injury. 
 
 Driskell v. United States Health and Ac- 
 cident Insurance Company, 
 117 Mo. App. 363; 93 S. W. 880. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 15 
 
 Fall — ^Ruptured kidney — Cancerous kidney. 
 
 Death from a rupture of a kidney produced by 
 an accidental fall, is the result of an accident, 
 "independent of all other causes," within the pro- 
 visions of the policy — this meaning direct or prox- 
 imate causes — though a cancerous condition of 
 the kidney made the rupture possible. 
 
 Fetter v. Fidelity and Casualty Company, 
 174 Mo. 256; 73 S. W. 592; 97 Am. St. 
 Rep. 560; 61 L. R. A. 459. 
 
 Fall on sidewalk — Shock caused cerebral hemorrhage — 
 Tumor of brain. 
 
 Death of the insured resulted from his stumbl- 
 ing over an obstruction on the sidewalk, whereby 
 he was thrown violently to the ground, the shock 
 of the fall causing cerebral hemorrhage. There 
 was evidence the insured was afflicted with a tu- 
 mor of the brain, which, at its stage of growth, 
 would not probably have been an independent 
 cause of death for many years, but which created 
 such conditions that when an accidental fall rup- 
 tured the inner lining of an artery cerebral hem- 
 orrhage ensued, causing death. It was held the 
 jury was justified in finding that the fall was the 
 proximate cause of death, even though it would 
 not have produced death but for the diseased con- 
 dition of one of the arteries of the brain. 
 
 Continental Insurance Company v. Lloyd, 
 
 165 Ind. 52; 73 N. E. 824; 34 Ins. Law 
 
 Jour. 461. 
 
16 READY REFEEENCE INSURANCE DIGEST 
 
 Strain — Diseased condition. 
 
 A strain received in the ordinary course of the 
 insured's business is an accident within the mean- 
 ing of an accident insurance policy insuring 
 against accidental bodily injuries caused solely 
 by external, violent, and accidental means, and 
 recovery on the t)olicy for the death of the insured 
 is not precluded because of the diseased condition 
 of the body existing when the accident occurred, 
 when the accidental injury was the inciting, effi- 
 cient and predominant cause of his death. 
 
 Patterson v. Ocean Accident and Guar- 
 anteee Company (D. C), 
 
 25 D. C. App. 46. 
 
 Struck by automobile, across stomach, thrown to pave- 
 ment, head injured, concussion of brain — ^Appendi- 
 citis — Heart disease. 
 
 "Since it appears from all the evidence of 
 plaintiff's witnesses that the death of the insured 
 was due to a concurrence of three causes, to wit, 
 the injury, the appendicitis and the heart jiisease ; 
 and that no one of these causes without the other 
 two, and no two without the-remaining one, would 
 have produced the death," the company not 
 liable under clause in policy which provided that 
 the company would not be liable for any loss 
 caused or contributed to by illness or disease. 
 
 Clarke v. New Amsterdam Casualty 
 Company, 
 
 26 Calif. App. Decisions, 1225 (Civil 
 No. 2382, 1st App. Dist. June 15, 
 1918). 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 17 
 
 See following: 
 
 Under such a policy, if disease plays a part in 
 the death of the insured person after an accident, 
 it is essential to a recovery that such disease was 
 due to the accident; if death was caused in part 
 by heart disease, and such disease was not in 
 fact caused by the accident, there could be no re- 
 covery. If an accidental injury produces morbid 
 changes in the exercise of the vital functions, 
 which in turn results in death, the injury and not 
 the morbid change is held to be the cause of death. 
 
 There was testimony to the effect that the in- 
 sured was struck across the stomach by the fender 
 of an automobile and was thrown so that his head 
 struck the pavement; there was a concussion of 
 the brain which caused unconsciousness for sev- 
 eral hours, and for several days thereafter he was 
 so disturbed mentally that he was unable to un- 
 derstand his surroundings or his condition; he 
 had previously been in extraordinarily good 
 health and bodily vigor ; about a month after the 
 accident he complained of a pain in his side and 
 an operation was performed upon him and the 
 appendix removed ; he died a few days later. Im- 
 mediately after the accident his heart was exam- 
 ined but no indication of heart trouble was ap- 
 parent; but just before the operation a slight 
 heart murmur was noticed; an autopsy revealed 
 no abnormal condition of the lungs or liver indi- 
 cative of any chronic heart condition; there was 
 medical testimony to the effect that the condition 
 of the heart "was due to the appendieial abscess, 
 aided by the lowered resistance caused by the con- 
 
18 READY EEFBRENCE INSURANCE DIGEST 
 
 cussion of the brain." Another physician testi- 
 fied that the appendix would not have been in- 
 fected from the bacilli in the large intestine had 
 it not been for the accident. Held, that this evi- 
 dence was sufficient to sustain the finding that the 
 accident was the proximate cause of death. 
 
 Clarke v. New Amsterdam Casualty Com- 
 pany (Cal. S. C), 
 179 Pac. Eep. 195; 53 Ins. Law Jour. 
 605. 
 
 Foot injured in railroad yards — ^Recovered — Became ill 
 on day he resumed work, and died next day. 
 
 A locomotive fireman injured his foot while at 
 work in the railroad yards. He was treated 
 therefor and presumably so far recovered as to 
 resume work about two weeks thereafter, but be- 
 came ill the same day and died the following day. 
 The question in issue was whether death resulted 
 solely from bodily injuries effected through ex- 
 ternal, violent and accidental means. 
 
 To determine the cause of death of a person in- 
 sured against sudden death by accident, all mor- 
 bid changes of the vital functions or the texture 
 of bodily organs which result from such injury 
 should be regarded as the effect thereof and not 
 the cause, and when death results from such mor- 
 bid changes, it is caused by such accident within 
 the meaning of the policy. 
 
 Where a person, after recovery from an acci- 
 dental injury, succumbs to a disease which would 
 not have been fatal but for the lowered vitality 
 
19 
 
 following such injury, the disease, and not the 
 lowered vitality, is the cause of death. 
 
 Ward V. Aetna Life Insurance Company 
 (Neb. S. C), 
 82 Neb. 499 ; 118 N. W. 70 ; 38 Ins. I-aw 
 Jour. 14. 
 See following: 
 
 The policy insured against death resulting from 
 bodily injuries effected through external, violent 
 and accidental means, which, independent of all 
 other causes, produced death. The Court in- 
 structed the jury that there could be a recovery 
 under the policy if the accident was the proximate 
 cause of death, even though "there were other 
 causes that accelerated, or even being added, re- 
 sulted in death." Held, that the instruction was 
 erroneous. 
 
 And where the jury, after considering the ques- 
 tion for some time, requested the Court to instruct 
 them further as to whether they could return a 
 verdict for the plaintiff if they found that the 
 death was the result of "the sum of two causes", 
 and the Court refused to give them any further 
 instructions. Held, that the refusal of the Court 
 to answer the request of the jury in the negative 
 was reversible error. 
 
 Held, that the defendant was not liable if the 
 sum of two causes for only one of which defend- 
 ant is liable caused the death. Here sickness and 
 injury combined. 
 
 Ward V. Aetna Life Insurance Com- 
 pany (Neb. S. C), 
 85 Neb. 471; 123 N. W. 456; 39 Ins. 
 Law Jour. 277. 
 
20 READY EEFEEE KCE INSUEANCE DIGEST 
 
 See following : 
 
 In an action on a policy of accident insurance, 
 the conjectural opinion of an expert, based solely 
 on a hypothetical question, not submitting all the 
 material facts, is insufficient to sustain a verdict. 
 (Judgment for plaintiff in trial court. Here re- 
 versed in, favor of company.) 
 
 Ward V. Aetna Life Insurance Company 
 (Neb. S. C), 
 135 N. W. 220. 
 
 Fall on icy sidewalk — ^Appendicitis — Peritonitis. 
 
 There was testimony that insured fell on an 
 icy sidewalk with his arm doubled up under him 
 across the right side of the abdomen. He suf- 
 fered much pain during that day, ate little and re- 
 tired early. The pain increased during the next 
 day, when a physician was called. The physi- 
 cians agreed that death was due to peritonitis or 
 inflammation of the appendix. One of the physi- 
 cians testified that the cause of the appendicitis 
 was due to the fall on the sidewalk. 
 
 If appendicitis was produced by a fall upon the 
 sidewalk, there could be a recovery under the 
 policy insuring against death resulting solely 
 through accidental means. (Judgment affirmed 
 against insurer.) 
 
 Aetna Life Insurance Company v. 
 
 Wicker (U. S. C. C. A., 2nd Cir., 
 
 New York), 
 240 Fed. 398; 153 C. C. A. 324; 49 Ins. 
 
 Law Jour. 811, 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 21 
 
 Arm broken — Pain in chest and lungs — Embolism or 
 thrombus — Pneumonia. 
 
 The policy provided that it should not apply to 
 any case "except where the injury is the proxi- 
 mate and sole cause of the disability or death." 
 It appeared that the insured had his arm broken 
 on March 24. The fracture was reduced. A few 
 days later he was taken suddenly with severe 
 pains in his chest and lungs, from which he was 
 relieved, and was convalescent for a week or ten 
 days, when he was again attacked in a manner 
 similar to the first, and from that time he grew 
 gradually worse, until April 12, 1887, when he 
 died. The evidence introduced by the plaintiff 
 tended to show the cause of his death was embol- 
 ism or thrombus, which was the direct result of 
 his arm being broken, while the evidence of the 
 defendant tended to show that his death was 
 caused by pneumonia, and that the brealdng 
 of the arm was not the cause of his death. Held, 
 that a finding that his death was caused solely 
 and proximately by his breaking his arm was war- 
 ranted by the evidence. 
 
 Peck V. Equitable Accident Association 
 of Binghamton (N. Y. S. C), 
 5 N. Y. Supp. 215; 52 Hun, 255. 
 
 Fall from cart — Kidney disease accelerated by 
 accident. 
 
 A person insured his life for 1,000 pounds with 
 an accident insurance company. The policy pro- 
 vided that, to recover under it, an accident must 
 
22 BEADY BEFBRENCB INSURANCE DIGEST 
 
 be the direct cause of the death, and that within 
 three months, and provided that the company 
 would not be liable for death arising from natural 
 disease, althougji accelerated by accident. The 
 insured was thiwn from a cart and died within 
 three months, ^fter proof, from which it ap- 
 peared that the insured had for years suffered 
 from kidney disease, that he was free from active 
 symptoms of that disease when he met with the 
 accident. Held, that death was caused by kidney 
 disease accelerated by the accident, and, there- 
 fore, the company is not liable. 
 
 Anderson et al. v. Scottish Accident In- 
 surance Company, 
 27 Scottish Law Eep. 20. 
 
 Fall from veranda — Leg injured — ^Eyrsipelas. 
 
 Where a; person was accidentally injured in the 
 leg by falling from a veranda, and the wound 
 caused thereby, which at first seemed slight, was 
 within four or five days aggravated by erysipelas, 
 from which death ensued twenty-three days after 
 the accident, the external injury was the "proxi- 
 mate or sole cause" of the death, within the 
 meaning of those words in an accident policy. 
 
 Young v. Accident Insurance Company, 
 
 Montreal Law Eep., 6 Super. Ct. 3. 
 Accident Insurance Company of North 
 America v. Young (Can. S. C.), 
 12 Canadian Law Times, 217; 20 Can. 
 S. C. 280; 28 Can. L. J. (N. S.), 246. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 23 
 
 Putrid animal matter containing poisonous "bacillus 
 anthrax"— lips infected— Malignant pustule— Car- 
 buncle. 
 
 The plaintiff's testimony tended to show that 
 death was caused by a malignant pustule upon the 
 lip ; that such pustule is not strictly a disease, but 
 a pathological condition of the system, caused by 
 the accidental infliction of diseased or putrid ani- 
 mal matter infested with bacilli anthrax upon the 
 thin skin of the lip of insured, whence the bacilli 
 multiplied, and were diffused through the system. 
 The defences were, death by poison, death from 
 infectious disease, and death by facial carbuncle, 
 an enlarged boil or a large cluster of small boils. 
 Held, on appeal, where the evidence tends to con- 
 firm either of the two theories as to the cause of 
 death of the assured, on only one of which the 
 plaintiff is entitled to recover, a judgment on a 
 verdict for the plaintiff will not be disturbed. 
 
 Bacon v. United States Mutual Accident 
 Association (N. T. S. C), 
 3 N. Y. Supp. 237 ; 50 Hun 605. 
 
 Affirming: 44 Hun, 599. 
 
 Reversed, as follows : 
 
 Held, that death resulting from a malignant 
 pustule, caused by the infliction upon the body of 
 putrid animal matter containing poisonous "ba- 
 cillus anthrax" is death from disease, and not 
 from accidental cause, within the terms of the 
 policy insuring against "bodily injuries, effected 
 through external, violent and accidental means", 
 
24 READY REFERENCE INSXTRANCE DIGEST 
 
 and not extending "to any death or disability 
 which may have been caused wholly or in part by 
 bodily infirmities, or disease existing prior or sub- 
 sequent to the date" of the policy, "nor to any 
 case except where the injury is the proximate or 
 sole cause of the disability or death." 
 
 Bacon v. United States Mutual Accident 
 
 Association (N. T. Ct. of App.), 
 123 N. Y. 304; 25 N. E. Eep. 399; 9 L. 
 
 E. A. 617 ; 20 Ins. Law Jour. 3 ; 42 
 
 Albany Law Jour. 493 ; 33 N. Y. St. 
 
 Eep. 591 ; 20 Am. St. Eep. 748. 
 
 Accident — Hernia — Surgical operation — Peritonitis. 
 
 An accident insurance policy, insuring against 
 death "from bodily injuries effected through ex- 
 ternal, violent and accidental means", but except- 
 ing death from hernia, does not relieve the in- 
 surer from liability where a person, injured in an 
 accident, resulting in a hernia, dies after a dan- 
 gerous and unsuccessful surgical operation result- 
 ing in peritonitis, performed when death seemed 
 inevitable without it, the accident is the proxi- 
 mate cause of his death. 
 
 Travelers' Insurance Company v. Mur- 
 ray (Colo. S. C), 
 16 Colo. 296; 26 Pac. Eep. 774; 25 Am. 
 St. Eep. 267. 
 
 Sunstroke or heat prostration — Disease. 
 
 "Sunstroke or heat prostration", contracted by 
 decedent in the ordinary course of his duty as a 
 
ACCIDE NT, defined; DISEASE DISTINGUISHED 25 
 
 supervising architect, is a disease, and does not 
 come within the terms of a policy of insurance 
 against bodily injuries sustained through exter- 
 nal, violent and accidental means, but expressly 
 excepting "any disease or bodily infirmity." 
 
 The Court will take judicial notice of the fact 
 that sunstroke is a "serious disease" within the 
 meaning of the policy. 
 
 Dozier v. Fidelity and Casualty Company 
 
 (U. S. C. C), 
 
 46 Fed. Rep. 446; 13 L. R. A. 114; 20 
 
 Ins. Law Jour. 794 ; 33 Central Law. 
 
 Jour. 161 ; 44 Albany Law Jour. 110. 
 
 Sunstroke. 
 
 Sunstroke is a disease. 
 
 Sinclair v. The Maritime Pas. Ass. Co., 
 
 9 W. R. 342; 2 Bigelow's Life & Ace. 
 
 Cas. 596; 30 L. J. Q. B. 77; 7 Jur. 
 
 (N. S.), 367; 3 E. & E. 478; 4 L. 
 
 T. 15. 
 
 Exposure to sun, etc. — Sunstroke. 
 
 The policy provided that "if sunstroke, due to 
 external, violent and accidental means," shall re- 
 sult in loss, the company would pay the principal 
 sum promised therein. Assured 's death was 
 caused by sunstroke, resulting from exposure to 
 the sun and humid atmosphere on a hot day. 
 Held, that such death was not within the risks 
 insured by the policy. 
 
 Bryant et al. v. Continental Casualty 
 Company (Texas C. C. A), 
 145 S. W. Rep. 636; 41 Ins. Law Jour. 
 1086. 
 
26 READY REFEEEKCE INSURANCE DIGEST 
 
 Reversed as follows: 
 
 The policy insured against bodily injury 
 "which is effected directly and independently of 
 all other causes from external, violent and purely 
 accidental means." Under the title "special ac- 
 cident indemnities" the policy contained the fol- 
 lowing provision: "If sunstroke, freezing or 
 hydrophobia due in either case to external, violent 
 and accidental means, shall result," etc. Held, 
 that under the terms of the contract sunstroke 
 should be considered as an accident rather than as 
 a disease. To hold that sunstroke is a disease 
 under the contract would contradict the express 
 terms of the sunstroke provision. 
 
 Insured died from a sunstroke suffered while 
 walking upon the streets in the ordinary course 
 of his business as collector. Held, that the word 
 "means" is employed in the sense of "cause." 
 The sunstroke having occurred without any 
 human agency and in a sudden, unexpected and 
 unusual way it has all the elements of an accident 
 both in its occurrence and result, just as clearly 
 so as would a stroke of lightning. 
 
 An unforeseen result following not naturally 
 from an act, but in an unusual and unexpected 
 way is from accidental means. 
 
 Bryant et al. v. Continental Casualty 
 
 Company (Texas S. C), 
 107 Tex. 582; 182 S. W. Eep. 673; 
 
 L. E. A., 1916-E, 945; Ann. Cas. 
 
 1918-a, 517. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 27 
 
 J 
 
 Sunstroke. ^ 
 
 Under an accident policy Held that no recovery 
 can be had for a death by sunstroke, unless the 
 sunstroke was brought about by some concurring 
 accident. 
 
 Semancik v. Continental Casualty Co. 
 (Pa. Super. Ct.), 
 56 Pa. Super. Ct. 392; 45 Ins. Law 
 Jour. 215. 
 
 The death of a person by sunstroke, caused by 
 his exposure to the sun on a hot day while pursu- 
 ing his usual occupation as a laborer on a railroad 
 track, in his ordinary way, is not caused by sun- 
 stroke due to "external, violent and accidental 
 means," within an accident policy insuring 
 against death by "sunstroke" due to "external, 
 violent and accidental means." 
 
 Semancik v. Continental Casualty Co. 
 (Northampton C. P.), 
 43 Penna. Co. Ct. Eep. 498. 
 
 Exposure to sun and heat of engfine — Sunstroke. 
 
 A policy, insuring against death from bodily 
 injuries caused from external, violent and acci- 
 dental means, provided: "If sunstroke, freezing 
 or hydrophobia due in either case to external, 
 violent and accidental means shall result indepen- 
 dently of all other causes in the death of the 
 assured within ninety days from the date of 
 exposure or infection the company will pay said 
 principal sum." Insured was a railroad fireman. 
 He suffered a sunstroke following exposure to the 
 
28 EEADY EE.FE RENCE INSURANCE DIGEST ^ 
 
 sun and to the heat of his engine while in pursu- 
 ance of his duties. Held, that there was nothing 
 in the evidence to show that death was caused 
 under such circumstances as to render the com- 
 pany liable. 
 
 Continental Casualty Company v. Pitt- 
 man (Ga. S. C), 
 145 Ga. 641 ; 89 S. E. Rep. 716; 48 Ins. 
 Law Jour. 573. 
 
 Sunstroke. 
 
 Disability of a traffic policeman due to sun- 
 stroke while he was performing his duties in the 
 usual way, was a "bodily injury sustained solely 
 through accidental means." 
 
 Higgins v. Midland Casualty Company 
 (111. S. C), 
 281 111. 431; 118 N. E. Rep. 11; 51 Ins. 
 Law Jour. 289. 
 
 Sunstroke — Pneumonia. 
 
 The policy provided: "If sunstroke caused by 
 the direct effect of the sun's rays * * * acci- 
 dentally suffered by the insured shall result 
 directly and independently and exclusively of all 
 other causes in the death of the insured within 
 ninety days from the date of exposure or infec- 
 tion, the company will pay beneficiary hereinbe- 
 fore named the principal sum of this policy." 
 Held, that where insured suffered a sunstroke 
 while pursuing his regular occupation in the usual 
 way, the insurer was liable, and it was not neces- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 29 
 
 sary that the sunstroke be preceded by or caused 
 by an accident. 
 
 Sunstroke, suffered by insured in pursuance of 
 his regular occupation, is an accident, being an 
 unexpected and unusual occurrence. 
 
 Where insured died several days after an 
 alleged sunstroke from pneumonia, and there was 
 no evidence to show any connection between the 
 alleged sunstroke and the pneumonia, it was 
 proper to direct a verdict for the insurer. 
 
 Pack V. Prudential Casualty Company 
 (Ky. C. A.), 
 170 Ky. 47; 185 S. W. Eep. 496; L. E. 
 A. 1916-E, 952; 48 Ins. Law Jour. 
 115. 
 
 Sunstroke. 
 
 In an accident insurance policy, which provides, 
 "If sunstroke, freezing, or hydrophobia, due in 
 either case to external, violent or accidental 
 means, shall result, independently of all other 
 causes, in the death of the insured within ninety 
 days from the date of the exposure or infection, 
 the company wiU pay said principal sum as 
 indemnity for loss of life. Held, that ' ' accidental 
 means" is used to denote "accidental cause," 
 and in case of sunstroke, if the same was suffered 
 while the insured was engaged in his usual avoca- 
 tion or going about his affairs in an ordinary 
 maimer as any other person might have been 
 under like or similar circumstances, and did not 
 intentionally and voluntarily subject himself to an 
 intense heat calculated to produce sunstroke, with 
 
30 READY REFERENCE INSURANCE DIGEST 
 
 the knowledge that it would probably occur, then 
 the sunstroke was suffered from "accidental 
 means" or "accidental cause," within the mean- 
 ing of the policy. 
 
 Continental Casualty Company v. Clark 
 (Okla. S. C), 
 173 Pac. Rep. 453; 52 Ins. Law Jour. 
 405. 
 
 Sunstroke. 
 
 Insured, while on his way to work, immediately 
 after stepping from the street car oh which he 
 was riding, suffered a sunstroke, ffeld, that the 
 resulting disability was not accidental within the 
 meaning of the policy. 
 
 The policy provided that "anyone of the follow- 
 ing, namely, — sunstroke, freezing, hydrophobia — 
 suffered through accidental means" should be 
 deemed a bodily injury. 
 
 Elsey V. Fidelity S Casualty Company 
 (Ind. App.), 
 109 N. E. Rep. 413; 46 Ins. Law Jour. 
 359. 
 
 Reversed, as follows: 
 
 The policy insured "against bodily injuries 
 sustained through accidental means." It pro- 
 vided " sunstroke * * * suffered through acci- 
 dental means shall be deemed an injury." The 
 insured while riding in a street car was subjected 
 to the direct and indirect rays of the sun. When 
 
ACCIDENT, defined; DISEAS E DISTINGUISHED 31 
 
 he was about to alight he suffered sunstroke. 
 Held, that the injury so suffered was caused by 
 ' ' accidental means. " If in the act which precedes 
 the injury, though an intentional act, something 
 unusual, unforeseen and unexpected occurs which 
 produces the injury, it is accidental. 
 
 Elsey V. Fidelity <& Casualty Company 
 (Ind. S. C), 
 120 N. E. Rep. 42; 52 Ins. Law Jour. 
 394. 
 
 Heat stroke from furnace — Sunstroke — Disease. 
 
 In an action on an insurance policy, providing 
 for loss of time due to sunstroke should be deemed 
 to be due to external, violent and purely acci- 
 dental means entitling insured to full benefits 
 according to the terms of the policy, where plain- 
 tiff's claim is based on a loss which he alleges was 
 due to sunstroke, he is not precluded from recov- 
 ery by the fact that his disability was occasioned 
 by exposure to the heat of a furnace. 
 
 Continental Casualty Company v. John- 
 son (Kans. S. C), 
 74 Kans. 129 ; 85 Pac. Rep. 545 ; 6 L. R. 
 A. (N. S.) 609 ; 118 Am. St. Rep. 308 ; 
 35 Ins. Law Jour. 68. 
 
 Sunstroke — Heat stroke. 
 
 Where in an action on an accident policy, it 
 appeared that at assured's request the word 
 "sunstroke" was stricken from a provision that 
 
32 READY EEFEKENCB INSURANCE DIGEST 
 
 the policy should not cover casualties resulting 
 from certain causes, the Court could not hold, as 
 a matter of law, that sunstroke is a disease, and 
 not such a casualty as was covered by the policy. 
 Sunstroke and heat stroke are synonymous 
 terms and mean a sudden prostration resulting 
 from exposure to excessive heat, regardless of the 
 source from which the heat emanates. 
 
 Mather et al. v. London Guarantee & 
 Accident Company, Ltd., 
 125 Minn. 186; 145 N. W. Eep. 963; 43 
 Ins. Law Jour. 656. 
 
 Sunstroke. 
 
 An accident policy provided that it should 
 extend only to injury or death from "external, 
 violent and accidental means, ' ' and not to injuries 
 or death caused or contributed to by disease. The 
 policy also expressly provided that the company 
 should be liable for only one-fourth of the amount 
 of the policy where the disability or death was 
 caused or contributed to by sunstroke while not 
 in the line of duty as railroad employe. The in- 
 sured died from sunstroke received in the line of 
 his duty as railroad employe. Held, that the com- 
 pany was liable for the full amount of the policy. 
 Railway Officials and Employes' Acci- 
 dent Ass'n V. Johnson, 
 109 Ky. 261; 22 Ky. L. R. 759; 58 S. 
 W. Rep. 694; 30 Ins. Law Jour. 259; 
 52 L. R. A. 401 ; 95 Am. St. Rep. 270. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 33 
 
 Fall — Side bruise — Fever — ^Typhoid fever. 
 
 It was shown in evidence that the deceased had 
 a fall, of whose effects he complained several days 
 and then fell sick. From this sickness he never 
 recovered, and throughout its continuance he 
 complained of the hurt, and bore the bruise. His 
 attending physicians testified that he died of ty- 
 phoid fever, and that this disease was never pro- 
 duced by a bruise ; his nurse, a competent one, of 
 long experience, testified that he did not have 
 typhoid fever, and it was admitted that bruises 
 might produce other forms of fever. Held, that 
 the evidence preponderates so decidedly that the 
 insured did die of typhoid fever not brought on 
 by the accident, the Court should have set aside 
 a verdict in favor of plaintiff. 
 
 Standard Life and Accident Insurance 
 Company v. Thomas (Ky. Super. Ct.), 
 
 12 Ky. Law Eep. 715. 
 
 Reversed, as follows : 
 
 Held, that the jury had the right to believe that 
 the physicians' theory was a mistake, and that the 
 wound that the deceased received produced his 
 death, and was the result of an accident. 
 
 Standard Life and Accident Insurance 
 Company v. Thomas (Ky. C. A.), 
 
 13 Ky. Law Rep. 593; 17 S. W. Rep. 
 275. 
 
34 READY REFEKENCE INSURANCE DIGEST 
 
 Thumb injured — Finger injured later— Virus from first 
 injury in second — Blood poisoning. 
 
 Policy insured against death effected througk 
 external, violent and accidental means, but pro- 
 vided that the insurance should not extend to any 
 * * * death which may have been caused wholly 
 or in part by bodily infirmities or disease existing 
 prior or subsequent to the date of the certificate, 
 nor to any case except where the injury is the sole 
 and proximate cause of death. On April 8, 1889, 
 the insured received an injury to his thumb, and 
 on the 27th day of April received another injury 
 to one of his fingers. The first wound had been 
 lanced about ten days after the injury and con- 
 tinued to discharge matter to the time of the sec- 
 ond injury, and that virus from the first wound 
 may have communicated to the second injury, 
 causing blood poisoning. Held, that if the inocu- 
 lation occurred at the time the wound was made, 
 and was a part of the accident, such accident was 
 the sole and proximate cause of the death, though 
 blood poisoning ensued. 
 
 Martin v. Equitable Accident Association 
 (N. Y.S. C), 
 16 N. Y. Supp. 279; 41 N. Y. St. Eep. 
 77; 61 Hun 467. 
 Martin v. Manufacturers' Accident In- 
 demnity Company, (N. Y. C. A.), 
 151 N. Y. 94; 45 N. E. Eep. 377. 
 Affirming, 24 N. Y. Supp. 1147; 71 Hun, 
 614. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 35 
 
 Fall into stream — Drowned — ^Heart defective, causing 
 dizziness— :Fainting caused by indigestion — ^Tempo- 
 rary illness — ^Excepted causes. 
 
 The insured with companions, was fishing, hav- 
 ing established a camp upon the banks of a trout 
 stream. The insured wa^ found dead in the mid- 
 dle of the stream, lying face downward, in about 
 six inches of water. There was a large bruise 
 upon his forehead. He was seen near where he 
 was found, some twenty minutes before, plajang 
 a trout. The bank was about eighteen inches 
 above the water, and there were in the water 
 stones, egg-size and smaller, upon which he might 
 have struck his head. There was some little 
 froth, of a yellowish color, about his mouth, and 
 his face was purple. His tongue was somewhat 
 inflamed. An autopsy was held on the evening 
 of the day following his death. The blood in the 
 corpse at the autopsy was rather fluid and not 
 coagulated. The brain, the heart, and other vital 
 organs were found in a normal and healthy con- 
 dition. Evidence was introduced by the defend- 
 ant tending to show that deceased had suffered 
 from defective action of the heart in its aortic 
 valve. The autopsy failed to reveal any such 
 structural defect, but all the tests were not 
 applied. There was also some evidence tending to 
 show that deceased suffered from dizziness 
 caused by defective action of the heart. Held, 
 that a verdict for plaintiff would not be disturbed. 
 
 A drowning caused by a temporary trouble to 
 which the assured was not subject, but which was 
 
36 BEADY KEFEEENCE INSURANCE DIGEST 
 
 entirely unusual and uncommon, whereby he fell 
 into the water, is "accidental" within the mean- 
 ing of an accident insurance policy. 
 
 Under a provision of the policy that the insur- 
 ance shall not extend "to any case except when 
 the accidental injury shaU be the proximate and 
 sole cause of the disability or death," if the in- 
 sured suffer death by drowning, the drowning is 
 the proximate and sole cause of death, no matter 
 what the cause of falling into the water, unless 
 death would have been the result without the 
 presence of the water. 
 
 Under a provision of such a policy that the risk 
 shall not extend to "accidental injuries or death 
 resulting from or caused, directly or indirectly," 
 by fits, vertigo, or other diseases, an accidental 
 death by drowning results from and is caused 
 indirectly by fits, vertigo, or disease if the fall 
 into the water, from which drowning ensues, is 
 caused by such disease. 
 
 A provision in such a policy that the risk shall 
 not extend to death caused by bodily infirmity or 
 disease does not exempt the company from lia- 
 bility in case of fainting produced by indigestion 
 or a lack of proper food, or any other cause which 
 would show a mere temporary disturbance or 
 enfeeblement. 
 
 Manufacturers Ace. Indemnity Company 
 
 V. Dorgan (U. S. C. C. A.), 
 58 Fed. Rep. 945; 7 C. C. A. 581; 16 
 
 U. S. App. 290 ; 22 L. R. A. 620. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 37 
 
 Fall — Contusion of cerebellum — ^Apoplexy — Degenera- 
 tion of cerebrum, etc. 
 
 In an action on an accident insurance policy, the 
 jury were warranted in finding that a fall was the 
 sole cause of death of insured, where there was 
 testimony that deceased was usually in good 
 health till the time of the fall, and had shown 
 no signs of degeneracy of the brain. Dr. P., who 
 attended deceased daily after his fall, and Dr. E., 
 testified that the post-mortem showed contusion 
 of the cerebellum, which culminated in an effusion 
 of blood on the brain, producing apoplexy and 
 death, and that in their opinion the contusion was 
 produced by the fall. Dr. H., who also assisted at 
 the post-mortem, testified to the existence of de- 
 generation of the cerebum and to a diseased con- 
 dition of certain arteries, which in his opinion 
 were of long standing, caused death independent- 
 ly of the fall ; and Dr. O., who was called for de- 
 fendant, agreed with Dr. H., as to the cause of 
 death, if the latter 's diagnosis was correct. 
 
 A special verdict, containing an affirmative 
 answer to the question : "Was such injury the sole 
 cause of death?" is equivalent to a finding that 
 the injury was the sole and proximate cause of 
 the apoplexy which was the immediate cause of 
 death. 
 
 Hall V. American Masonic Accident As- 
 sociation (Wis. S. C), 
 86 Wis. 518; 57 N. W. Rep. 336. 
 
38 READY EEFEEENCE INSURANCE DIGEST 
 
 Fall — Head injured — Death — Fatty degeneration of 
 the brain and heart. 
 
 Where the assured, while pursuing his business 
 as a traveling salesman, sustained a heavy fall, 
 striking and injuring his forehead, and the evi- 
 dence disclosed no cause for the fall, but the as- 
 sured while standing threw up his hands and fell 
 to the floor, and an autopsy revealed an advanced 
 stage of fatty degeneration of the brain and heart, 
 it was Held, that the cause of death was not an 
 accident insured against, and that there could be 
 no recovery under a policy whereby insurance was 
 expressly withheld for any "bodily injury hap- 
 pening directly or indrectly in consequence of any 
 disease," etc. 
 
 Sharpe v. Commercial Travelers' Mutual 
 
 Accident Association of America 
 
 (Ind. S. C), 
 139 Ind. 92; 37 N. E. Eep. 353; 23 Ins. 
 
 Law Jour. 757 ; 27 Ch. L. N. 14. 
 
 Fall — Fits or vertigo — Bodily infirmity and disease. 
 
 In an action on an accident policy, evidence that 
 insured, who was free from disease so far as his 
 family or physician could discover, directly before 
 the fall which caused his death was seen to stag- 
 ger, does not conclusively prove that the fall was 
 caused by "fits or vertigo," so as to avoid the 
 policy under a condition avoiding the same in such 
 event, physicians testifying that insured's con- 
 duct might have been due to other causes. 
 
 The words "disease" and "bodily infirmity," 
 as used in a provision in an accident policy ex- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 39 
 
 empting insurer from liability for injuries caused 
 thereby, mean practically the same thing, and 
 only include an ailment or disorder of a some- 
 what established or settled character, and not 
 merely a temporary disorder, arising from some 
 sudden and unexpected derangement of the sys- 
 tem, though it produces unconsciousness. 
 
 Injuries caused by a fall due to a temporary 
 and unexpected physical disorder are "violent," 
 "external," and "accidental," within the mean- 
 ing of such words ifi an accident insurance policy. 
 Meyer v. Fidelity and Casualty Company 
 
 (Iowa S. C), 
 96 Iowa, 378; 65 N. W. Rep. 328; 59 
 
 Am. St. Eep. 374 ; 25 Ins. Law Jour. 
 
 346. 
 
 Fright and excitement — Nervous shock. 
 
 The plaintiff was a signal man in the employ of 
 the defendant, a railway company, who entered 
 into a contract of insurance with him, ,by which 
 they agreed to pay a weekly amount in case of his 
 being incapacitated from employment by reason 
 of accident sustained in the discharge of his 
 duties in the company's employ, such insurance 
 to be absolute for all accidents, however caused, 
 occurring to the insured in the fair and ordinary 
 discharge of his duty. Plaintiff, in the discharge 
 of his duty, endeavored to prevent an accident 
 'to a train, by signaling to the engineer, and the 
 excitement and fright arising from the danger to 
 the train produced a nervous shock which inca- 
 pacitated him from employment for more than 
 
40 READY EEFEEENCE INSURANCE DIGEST 
 
 fifty-two weeks. Held, that the plaintiff had been 
 incapacitated by accident within the meaning of 
 the policy. 
 
 Pugh V. London, B. S 8. C. By. (Eng. 
 C. A.), 
 2 Queen's Bench, "The Law Reports," 
 248. 
 
 Exertion running up hill — Head pains — ^Apoplexy — 
 Bodily infirmity, etc. 
 
 An accident policy was issued by the company 
 to the assured, insuring him against death result- 
 ing through external, violent and accidental 
 means, but not covering bodily infirmities or 
 voluntary overexertion. Insured was a man fifty- 
 three years of age, and while engaged in work 
 which required stooping, and shortly after run- 
 ning rapidly up a hillside to get an article needed 
 in his work, was attacked with pains in his head, 
 and shortly after died. On the trial of an action 
 on the policy, two physicians, called by the plain- 
 tiff, testified that insured died of apoplexy, which 
 is a bodily infirmity or disease, and that there was 
 nothing in the circumstances to have caused death 
 if there had been no bodily infirmity or predis- 
 position to apoplexy. Held, that it was error to 
 refuse to direct a verdict for the insurance com- 
 pany. 
 
 Travelers' Insurance Company v. Selden 
 
 (U. S. C. C. A., 4th Cir., Va.), 
 78 Fed. Rep 285; 24 C. C. A. 92; 42 
 
 U. S. App. 253 ; 44 Central Law Jour. 
 
 300; 26 Ins. Law Jour. 704. 
 
ACCIPBNT, defined; DISEASE DISTINGUISHED 41 
 
 Pall — Struck water spout — Head and face injured — 
 
 Heart disease. 
 
 In an action to recover on an accident policy, 
 the evidence showed that insured suddenly fell, 
 striking on a water spout, which left external 
 marks on his face and head, and that he died a 
 iew minutes thereafter. It appeared that de- 
 ceased was troubled with disease of the heart. 
 Certain physicians testified that the phenomena 
 attending deceased's death were charactertistic 
 rather of an injury to the brain, than heart dis- 
 ease ; and one expert testified that the injuries to 
 the head and brain described by the evidence 
 would have been sufficient to cause death even in 
 the case of a healthy heart. 
 
 Under the policy of accident insurance which 
 provides that it shall not extend to nor cover 
 accidental injuries or death "resulting from or 
 caused, directly or indirectly, wholly or in part, by 
 disease in any form," there can be no recovery 
 for the death of the insured if he had a disease 
 but for which death would not have resulted from 
 the accident; and where the insured had a dis- 
 eased heart, it was error to give an instruction 
 allowing the jury to find for the plaintiffs if they 
 believed the accident was sufficient to cause the 
 death of a man with a diseased heart, although 
 insufficient to kill one with a normally healthy 
 heart. (Judgment here reversed in favor of 
 company.) 
 
 Commercial Travelers' Mutual Accident 
 Association of America v. Fulton 
 (U. S. C. C. A., New York), 
 
42 EEADY REFERESrCE HJJ-SUBANCE DIGEST 
 
 79 Fed. Eep. 423; 24 C. C. A. 654; 45 
 U. S. App. 578; 26 Ins. Law Jour. 
 565. 
 
 Judgment affirmed against company: 
 
 93 Fed. Rep. 621 ; 35 C. C. A. 493. 
 
 Sting of insect — Blood poisoning. 
 
 Death caused by the sting of an insect is 
 effected through "external, violent and acci- 
 dental" means, within the meaning of an accident 
 policy, and the proximate cause of death, result- 
 ing from blood poisoning caused by the sting, is 
 the sting of an insect. 
 
 Omherg v. United States Mutual Acci- 
 dent Association (Ky. C. A.), 
 101 Ky. 303 ; 40 S. W. Kep. 909 ; 27 Ins. 
 Law Jour. 68 ; 19 Ky. Law Eep. 462 ; 
 72 Am. St. Rep. 413. 
 
 Reached to close shutter — Ruptured artery — Hemor- 
 rhage — Consumption — No accident. 
 
 Insured, who was suffering from consumption, 
 was with his two brothers in their office. Pre- 
 paratory to leaving the office insured went to a 
 window to close the shutters. A chair stood in 
 front of the window, and he stood on his toes and 
 reached over the chair toward the shutters, and, 
 as he did so, blood began to flow from his mouth. 
 He was placed on a lounge and died within a few 
 minutes. The cause of his death was hemorrhage 
 from a ruptured artery. There was no evidence 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 43 
 
 that he fell, slipped, lost his balance, failed to 
 catch tlie shutter when he reached for it, or that 
 it moved at his touch more or less readily than 
 he had expected it would, or that anything was 
 done or occurred which he had not foreseen and 
 planned, excepting the rupture of the artery and 
 the consequences which resulted from it. Held, 
 that his death did not result from an accidental 
 cause. 
 
 Feder et al. v. Iowa State Traveling 
 
 Men's Association (Iowa S. C), 
 107 Iowa, 538; 78 N. W. Eep. 252; 70 
 
 Am. St. Rep. 212; 43 L. R. A. 693; 
 
 28 Ins. Law Jour. 276; 48 Central 
 
 Law Jour. 248. 
 
 Stumbled — Fall — Side injured on rail— Lungs weak. 
 
 The deceased was sent to take mail from the 
 freight house to the passenger depot. In going, 
 he ran to avoid a severe storm, and, when he had 
 run a considerable distance along the tracks, he 
 was seen to stumble, throw up his hands, fall, and 
 strike his side against one of the rails, and then 
 roll over on the ground. His dead body was found 
 almost immediately after he fell, lying across the 
 rails, blood oozing freely from his mouth and 
 nose. Although the deceased had been suffer- 
 ing from weak lungs for some time before his 
 death, yet he was strong and sound enough to dis- 
 charge satisfactorily the duties of flagman and 
 freight handler for the railroad for more than two 
 years immediately preceding his death. Held, 
 that it was for the jury to decide whether the 
 
44 READY REFERENCE INSURANCE DIGEST 
 
 death of deceased was caused solely from the fall, 
 &o as to be accidental within the meaning of the 
 accident policy. Company liable. 
 
 Railway Officials & Employes' Accident 
 Association v. Coady (111. A. C), 
 80 111. App. 563. 
 
 Drowning accidental — Epilepsy. 
 
 Evidence that deceased, a man fifty-three years 
 old, left his office in New York about 2 o'clock 
 in the afternoon, in good spirits ; that he said he 
 was going to Staten Island to make some calls, 
 and invited a friend to go with him ; and that his 
 body was found eight days afterwards floating in 
 the water of New York bay, with no marks of vio- 
 lence upon it, and with a frothy mucus in the 
 mouth, such as is found where a person has been 
 in the water and struggling, getting water into 
 his lungs, and of a character which excluded the 
 idea of epilepsy, is sufficient to sustain a verdict 
 of death resulting proximately and solely from 
 accidental causes. 
 
 Landon v. Preferred Accident Insurance 
 Company (N. Y. S. C, App. Div.), 
 60 N. Y. Supp. 188; 43 App. Div. 487. 
 
 Affirmed: 167 N. Y. 577; 60 N. E. Rep. 
 1114. 
 
 Fall on polished floor — Head hits fender — Bruise at 
 base of neck — Concussion of brain — Dizziness — 
 Bright 's disease. 
 
 To prove that the death of the insured was 
 c-aused by a fall not induced by any disease or 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 45 
 
 bodily infirmity, the insurance company claiming 
 the fall was caused by vertigo (which the policy 
 did not cover), it was shown that he came home 
 and told a servant he had a dizzy headache, and 
 would lie down ; that later he was found dead on 
 the floor, his head resting on the bar of the fender, 
 and his body straight out ; and that the floor was 
 polished hard wood, and a rug pushed away from 
 Ids feet. There was some evidence that he was in 
 general good health, and that he had never fallen 
 from dizziness, and no actual proof that this fall 
 was caused by dizziness. The family physician 
 for twelve years had never attended him for ver- 
 tigo or chronic disease of any kind. He saw blood 
 about the nose of deceased, and he and three other 
 physicians performed an autopsy. He found de- 
 ceased healthy throughout, and could not state the 
 cause of death. The second physician found a 
 bruise above the large vertebrae at the base of 
 the neck, with hemorrhage, and, in his opinion, 
 death was caused by a fall and concussion of the 
 brain and shock, A third physician corroborated 
 this opinion. The son of the deceased, also a 
 physician, saw a depression in the muscles at the 
 back of the neck, and a bruise under the collar 
 button, which was dented on both sides and bent 
 together. He saw blood on the fender. The 
 fourth physician thought deceased died from natu- 
 ral causes, and not from accident, and he said he 
 found indication of Bright 's disease sufficient to 
 have caused death. Deceased's son testified that 
 he had made the usual tests several times, and 
 found deceased did not have Bright 's disease. 
 
46 KEADY REFERENCE INSURANCE DIGEST 
 
 ^eld, that a verdict that death resulted from "ex- 
 ternal, violent and accidental means," was justi- 
 fied. . 
 
 Larkin v. Interstate Casualty Company 
 (N. Y. S. C. App. Div.), 
 60 N. Y. Supp. 205 ; 43 App. Div. 365. 
 
 Sudden faintness — Pall — Temporary disorder — Pits or 
 vertigo. 
 
 Injuries caused by a force due to a temporary 
 and unexpected physical disorder, are violent, ex- 
 ternal and accidental, within the meaning of such 
 words in an accident insurance policy. 
 
 Evidence of a sudden faintness, immediately 
 preceding a fall and injury, does not conclusively 
 prove that the faU was caused by fits or vertigo 
 so as to avoid the policy, under a policy avoiding 
 the same for these causes, where physicians testi- 
 fied that insured's condition might have been due 
 to other causes. 
 
 Interstate Casualty Company v. Bird 
 (Hamilton Co., Ohio C. C), 
 18 Ohio Cir. Eep. 488; 10 0. C. D. 211. 
 
 Fall on slippery pavement — Heart raptured by fall and 
 disease. 
 
 Under an accident policy which expressly stipu- 
 lates against liability for death from accident un- 
 less the accident is the proximate and sole cause, 
 there can be no recovery where the death of the 
 insured resulted from a rupture of the heart 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 47 
 
 caused in part by its diseased condition, and in 
 part from a fall on a slippery pavement, neither 
 cause in itself being sufficient to cause death. 
 
 Huhhard v. Mutual Accident Association, 
 (U. S. C. C, E. D. Pa.), 
 98 Fed. Rep. 930. 
 
 See following case : 
 
 The policy insured against death only when re- 
 sulting from bodily injuries received through "ex- 
 ternal, violent and accidental means, independent- 
 ly of all other causes," and provided that the 
 insurance did not cover death "resulting wholly 
 or partly, directly or indirectly, from any of the 
 following causes ; * * * disease or bodily infirm- 
 ity, hernia, fits, vertigo, sleepwalking." Held, 
 that the phrase, "all other causes" and "disease 
 or bodily infirmity" were not limited by the sub- 
 sequent enumeration of specific disease or infirmi- 
 ties and that the policy did not cover death re- 
 sulting from a rupture of the heart caused in part 
 by its diseased condition, and in part by a fall on 
 a slippery pavement. 
 
 Huhhard v. Traveler's Insurance Com- 
 pany (U. S. C. C, E. D. Pa.), 
 98 Fed. Rep. 932. 
 
 Pall in car — Back hurt — Strain — Typhoid fever previ- 
 ously. 
 
 In an action on an accident insurance policy, 
 it appeared that the insured had been sick, with 
 symptoms of typhoid fever; that, contrary to the 
 advice of his physician, he took a railroad trip, 
 
t8 BEADY REFERENCE INSURANCE DIGEST 
 
 md that, while at the water cooler, the car gave 
 I sudden lurch, causing him to fall, and "hurt 
 lis back." The following day he suffered from 
 nternal troubles, which could only be accounted 
 :or by the presumption of a severe strain, his 
 ibdominal temperature became very high, he 
 romited blood, and on the second day died. Two 
 jhysicians testified that there were no symptoms 
 )f typhoid fever subsequent to the accident, and 
 hat death was caused wholly by the injuries. 
 leld, that the evidence was sufficient to support 
 I finding that death was caused through external 
 md violent means, independent of insured's dis- 
 sased condition. 
 
 A condition in the policy preventing recovery 
 or death from disease, voluntary over-exertion or 
 'oluntary exposure to unnecessary danger did not 
 lefeat the right of recovery for death occurring 
 ^'hile insured was ill, and unnecessarily taking a 
 rip by rail, contrary to the advice of his physi- 
 ian, but which was caused by an accident entirely 
 adependent of insured's weak condition, and 
 i'hich might have occurred to a man in good 
 lealth. 
 
 Aetna Life Insurance Company v. Hicks, 
 et al, (Texas C. C. A.), 
 23 Tex. C. C. App. 74; 56 S. W. Rep. 87. 
 
 'all— Shock— Weakened heart causing deficient circu- 
 lation. 
 
 While in an action upon an accident policy the 
 sstimony of medical experts as to the cause of 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 49 
 
 death as derived from the result of the autopsy 
 is entitled to great respect, a mere hypothesis that 
 the death, which occurred a month subsequently 
 to a given accident, was indirectly caused thereby 
 through shock, is sufficient to carry the case to 
 the jury, where it does not appear that the de- 
 ceased ever complained of shock or of the injury 
 for some time prior to death, and other medical 
 testimony is contradictory. (Judgment here 
 reversed in favor of company.) 
 
 Thurher v. Commercial Travelers' Mu- 
 tual Accident Association of America 
 (N. Y. S. C, App. Div.), 
 52 N. Y. Supp. 1071; 32 App. Div. 636. 
 
 Reversed, see following : 
 
 In an action on an accident policy, the uncon- 
 tradicted testimony of five medical experts showed 
 that the insured, while in apparently perfect 
 health, sustained an injury by a violent fall suf- 
 ficient to cause death by deficient circulation 
 through weakening of the heart, occasioned by the 
 shock and the local injury. After a month's 
 treatment, during which period his physician 
 found him twice in an apparently dying condition, 
 he started, in an unhealed condition, on a consid- 
 erable journey and, without any other known 
 cause or illness, died four days later. The post- 
 mortem examination revealed no cause of death 
 except such as was directly traceable to the injury, 
 the evidence of which was distinctly visible. Held, 
 that the testimony was sufficient to submit to a 
 
50 READY KEFEBESrCE INSUBANCE DIGEST 
 
 jury the question whether death of the insured 
 was the result of the injury. (Judgment here re- 
 versed against company.) 
 
 Thurher v. Commercial Travelers' Mu- 
 tual Accident Association of America 
 (N. Y. S. C, App. Div.), 
 64 N. T. Supp. 174 ; 51 App. Div. 608. 
 
 Blow on head — ^Abrasion — Heart disease. 
 
 In an action upon a policy of accident insur- 
 ance by which the defendant promised that it 
 would pay the plaintiff the siun of $2,000 in the 
 event of the death of her husband resulting from 
 "bodily injuries sustained through external, vio- 
 lent and accidental means," it appeared that the 
 insured and his son, seventeen years of age, were 
 in a boat towed by a launch, which turned shortly, 
 causing the boat to capsize. The boy was in the 
 center of the boat, and decedent in the stern. The 
 boat made a complete turn and, when it came 
 right about, decedent lay in the bottom, uncon- 
 scious, and died soon after being taken ashore. 
 The coroner's inquest resulted in a verdict of 
 death from disease of the heart. Medical testi- 
 mony was conflicting as to the condition of the 
 heart, and whether its condition was the cause 
 of death. The son testified that, as the boat turned 
 over, his father reached to save him, and was then 
 struck a blow on the head. Two abrasions of the 
 skin on the head were found. Experts testified 
 that death could be caused by a blow of that char- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 51 
 
 acter. Held, that the evidence supported a ver- 
 dict of accidental death. 
 
 Stout V. Pacific Mutual Life Insurance 
 Company (Cal. S. C), 
 130 Cal. 471 ; 62 Pac. Eep. 732. 
 
 Thrown down by team — ^Apoplexy caused by blow — 
 Wheel passed over neck — ^Apoplexy caused fall. 
 
 An accident policy did not insure against death 
 occasioned wholly or partly, directly or indirectly, 
 by disease or bodily infirmity. The insured was 
 found dead near his team, a wheel having passed 
 over his neck. The autopsy showed that death 
 resulted from apoplexy. Defendant claimed that 
 the apoplexy preceded and caused the fall, while 
 plaintiff claimed he was cast or thrown down by 
 his team, the blow producing apoplexy. Held, 
 that the court should have granted defendant's 
 request to charge that the plaintiff could not re- 
 cover, even if death was caused by accident, if dis- 
 ease or bodily infirmity contributed thereto. 
 (Judgment here reversed in favor of company.) 
 Clark V. Employers' Liability Assurance 
 
 Company (Vt. S. C), 
 72 Vt. 458; 48 Atl. Rep. 639; 30 Ins. 
 
 Law Jour. 514. 
 
 Chloroform administered' for surgical operation — 
 Appendicitis — Blood poisoning— Septic poisoning. 
 
 In an action on an accident policy for death 
 from an anaesthetic, it appeared that the insured 
 died during an operation for appendicitis. A 
 
52 READY REFERENCE INSURANCE DIGEST 
 
 witness for plaintiff testified that chloroform 
 was the immediate and determining cause; that 
 insured was suffering from blood poison, 
 which was a contributory cause, and would be a 
 dangerous present agent, and liable to produce 
 death under the operation. A witness for de- 
 fendant testified that at the time of the operation 
 the insured was suffering from the absorption of 
 septic material into the circulation; that his ex- 
 tremities were cold, his respiration difficult, his 
 pulse 140 to 150; that witness stated at the time 
 that insured would probably die under the oper- 
 ation, and would surely die without it. Held, that 
 the evidence showed that death did not result from 
 chloroform alone, and plaintiff could not recover. 
 Maryland Casualty Company v. Glass 
 (Texas C. C. A.), 
 29 Tex. C. C. A. 159; 67 S. W. Eep. 
 1062. 
 
 Sickness — Voluntary exertion — Ruptured blood vessel. 
 
 Where one recovering from a sickness was ly- 
 ing down asleep, partly dressed, and being sud- 
 denly awakened, with the direction to dress quick- 
 ly, arose, appearing somewhat dazed and con- 
 fused, and hurriedly attempted to remove, his 
 nightshirt over his head, and, while his arms were 
 raised, became entangled therein, and putting 
 forth exertions broke a blood vessel, his move- 
 ments can not be held to have been involuntary, 
 as was necessary to sustain the verdict for plain- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 53 
 
 tiff in an action for an accident benefit in the 
 event of death from accidental causes. 
 
 Smouse v. Iowa State Traveling Men's 
 Association (Iowa S. C.)> 
 118 Iowa, 436; 92 N. W. Rep. 53; 32 
 Ins. Law Jour. 173. 
 
 Rheumatism caused by accidental injury. 
 
 Recovery can be had on an accident policy for 
 death where the accidental injury causes rheuma- 
 tism, and this produces death. 
 
 Travelers' Insurance Company v. Hunter 
 (Texas C. C. A.), 
 30 Tex. C. C. A. 489 ; 70 S. W. Rep. 798. 
 
 Leg injured by thumb nail — Leg inflamed — Erysipelas 
 — Septicaemia. 
 
 A person insured himself with the defendants 
 under a policy whereby the defendants agreed to 
 pay him a certain sum in case he should be in- 
 jured by accidental violence and should die within 
 three months of its occurrence, if the injury 
 should be the "direct and sole cause" of his 
 death. The policy was subject to the condition 
 that it should not apply to "death * * * caused 
 by or arising wholly or in part from 'any' inter- 
 vening cause. ' ' The assured, on July 2, accident- 
 ally inflicted a wound on his leg with his thumb 
 nail. The leg became inflamed, and on July 9 
 erysipelas had set in. This was followed on July 
 12 by septicaemia, and on July 16 by septic pneu- 
 monia, of which complaint he died on July 22. It 
 was conceded by the defendants that the septic 
 
54 EEADY EEFERENCE INSURANCE DIGEST 
 
 germs, the development of which resulted in the 
 man's death, were introduced into his body at 
 the time of the infliction of the wound. Held, 
 that the erysipelas, septicaemia and septic pneu- 
 monia were not "intervening causes" within the 
 meaning of the policy, but merely different stages 
 in the development of the septic condition which 
 was immediately brought about by the introduc- 
 tion of the poison, and that the man's death was 
 directly and solely caused by the accidental injury 
 to his leg, 
 
 Mardorf v. Accident Insurance Company 
 (Eng.K.B.), 
 1 King's Bench (Law Eep. May 1, 
 1903), 584. 
 
 Delirium — Pall from window. 
 
 Where one holding an accident policy falls from 
 a window in delirium, the delirium is the proxi- 
 mate cause of the injury. 
 
 Under an accident policy providing that the in- 
 surance does not cover injuries received in con- 
 sequence of being or having been under the influ- 
 ence of, or affected by, or resulting directly or in- 
 directly, in whole or in part, from disease or 
 bodily infirmity, recovery can not be had for a 
 fall from a window while delirious, whether the 
 delirium be regarded as the proximate or remote 
 cause of injury. 
 
 Carr v. Pacific Mutual Life Insurance 
 Company of California (Kansas City 
 C. A.), 
 100 Mo. App. 602; 75 S. W. Rep. 180. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 55 
 
 Scufliing — ^Finger cut wit^ steel eraser — Finger in- 
 flamed — ^Erysipelas — Blood poisoning. 
 
 The policy provided that the death of the in- 
 sured must result "solely from accidental injur- 
 ies." The undisputed facts are that, in a friendly 
 scuffle, insured received a slight cut on his little 
 finger from the point of a steel eraser which stuck 
 out of the other person's pocket; that inflamma- 
 tion of the finger followed this cut, which devel- 
 oped into erysipelas, and blood poisoning, causing 
 insured's death. The question argued is whether 
 death was solely due to the cut on the finger or 
 whether it was due to erysipelas, and the conse- 
 quent blood poisoning, as an independent cause. 
 Held, that the disease was not concurrent with the 
 injuries, but was a natural consequence of it, and 
 the death resulting therefrom ' was, therefore, 
 solely due to the injuries, and not due to any in- 
 dependent cause. 
 
 Delaney v. Modern Accident Club (Iowa 
 S. C), 
 121 Iowa, 528 ; 97 N. W. Eep. 91 ; 63 L. 
 E. A. 603. 
 
 Temporary sickness — Fall from train. 
 
 Insured, while riding as a passenger on a rail- 
 way train, became sick, with desire to vomit, and, 
 to relieve himself, attempted to get into the closet 
 inside the car, and, it being locked, went out on 
 the platform, from which he fell or was thrown by 
 a lurch of the car and was killed. The train at the 
 time was running from fifty to sixty miles an 
 
56 READY REFERENCE INSURANCE DIGEST 
 
 hour. The policy provided that it should not 
 cover death "resulting wholly or partly, directly 
 or indirectly, from disease in any form, either as 
 a cause or effect. ' ' Held, that the term * ' disease ' ' 
 as here used, was not intended to cover and does 
 not apply to a temporary derangement of the 
 functions of some organ, such as insured experi- 
 enced. 
 
 Preferred Accident Insurance Company 
 
 V. Muir (U. S. C. C. A., 3rd Cir., 
 
 Pennsylvania), 
 126 Fed. Rep. 926; 61 C. C A. 456; 33 
 
 Ins. L. Jour. 639. 
 
 Fall from bicycle — ^Bight femur fractured — Heart 
 spasms — Angina pectoris. 
 
 The proof shows that Crosby fell from a bicycle 
 on Irving Place, Buffalo, on June 20, 1902, frac- 
 turing his right femur and, it is claimed, sustain- 
 ing other injuries, which culminated in his death 
 on August 10th, following. At the time of the ac- 
 cident he was 51 years of age, of robust health, 
 vigorous in his mode of life, temperate in his habit 
 and careful of his diet. Immediately after the 
 accident his face was pallid, and he became emaci- 
 ated, and complained constantly of intense pain in 
 his back, between the shoulder blades, and in his 
 chest. These anginal pains increased in intensity, 
 and the spasms were intermittent and prostrating 
 to the time of his death. From the evening of the 
 injury he was unable to lie down, but was com- 
 pelled to sit up by reason of the severity of the 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 57 
 
 heart spams. The fractured femur recovered, and 
 this injury did not necessitate his sitting up. The 
 physicians in response to a hypothetical question 
 fairly containing the facts proven, attributed the 
 death to angina pectoris, caused by the accident in 
 falling from his bicycle. Held, that the jury were 
 justified from the evidence in finding that the 
 death of insured was due to the injury received in 
 the fall from the bicycle. 
 
 Root V. London Guarantee and Accident 
 
 Company, Ltd. (N. Y. S. C; App. 
 
 Div.), 
 86 N. Y. Supp.1055; 92 App. Div. 578; 
 Affirmed: 180 N. Y. 527; 72 N. E. Rep. 
 
 1150. 
 
 Fall on stone steps — ^Arm broken, face cut and bruised 
 — Hemorrhages. 
 
 The policy provided that the widow should re- 
 ceive $5,000 upon the death of the insured, pro- 
 vided death was the result of injuries received and 
 "caused solely and exclusively by external, vio- 
 lent and accidental means, and not directly or in- 
 directly * * * from disease in any form, either 
 as cause or effect." The evidence showed thai; 
 insured fell while going up four stone steps 
 to his office; that he was found lying at 
 the bottom of the steps, with his left arm 
 broken and his face cut and bruised; that 
 the keys to the office were discovered on the 
 doorstep; that insured, in answer to the question 
 put him, said that he did not know how he came to 
 
58 EEADY REFERENCE INSURANCE DIGEST 
 
 fall, and that after walking, with the assistance of 
 another person, a distance of about three hundred 
 and seventy-five feet to his house, he fainted, and 
 within two hours was taken with hemorrhages, 
 from which, after a lapse of four days, he died. 
 It was shown by the evidence of attending physi- 
 cians that insured suffered no other disorder that 
 could have caused his fall or death. Held, that 
 the verdict for the plaintiff is sustained by the 
 evidence, and that the fall was accidental. 
 
 Taylor v. General Accident Assurance 
 
 Corporation, Ltd. (Pa. S. C), 
 • 208 Pa. 439; 57 Atl. Ilep. 830; 33 Ins. 
 
 Law. Jour. 627. 
 
 Side, colon and intestine injured — ^Endocarditis — 
 Septicaemia — Gangrene. 
 
 A post-mortem examination disclosed the fact 
 that insured was afflicted with endocarditis at 
 the time of his death. The physicians who made 
 the post-mortem examination found the diseased 
 condition of the heart to which we have already 
 referred, and also discovered spots upon the right 
 foot, which were caused by the complete plugging 
 of the femoral artery near the knee by clotted 
 blood and vegetation from the diseased heart, 
 carried to the point in the artery by the blood 
 flowing therefrom. The insured's side was in- 
 jured by the accident, and the autopsy disclosed 
 that the colon, or large intestine, immediately 
 beneath the place of the injury, was affected with 
 gangrene, which was undoubtedly the immediate 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 59 
 
 cause of insured's death, and that an obstruction 
 had lodged in one of the small branches of an 
 artery which furnished blood for the portion of 
 the colon which was found diseased. It was the 
 contention of the company in the court below, as 
 well as here, that the endocarditis ante-dated the 
 injury, and that the obstacle found in the artery 
 carrying blood to the colon was caused by the dis- 
 eased condition of the heart, and was the cause of 
 the gangrenous condition of the colon. The plain- 
 tiff's theory was, and is, that the endocarditis was 
 either caused by septicaemia, produced by the in- 
 jury, or, if not so caused, that it was not a factor 
 in causing the death of the insured. There was 
 evidence supporting both theories. Held, that 
 the question as to whether the death of insured 
 was caused by the accident independently of the 
 disease, or by the disease, was properly left to 
 the determination of the jury. (Judgment 
 affirmed against company.) 
 
 Morrow v. National Masonic Accident 
 
 Association (Iowa S. C), 
 125 Iowa 633; 101 N. W. Eep. 468; 34 
 
 Ins. Law Jour. 227. 
 
 Pall — Blow — ^Artery ruptured — Apoplexy — Paralysis. 
 
 The by-laws of the company provided that there 
 should be no liability "for any death or disability 
 happening directly or indirectly, wholly or in 
 part, accidentally or otherwise, because of, or re- 
 sulting in, or from any disease or bodily or mental 
 infirmity." The testimony showed a diseased 
 
60 EEADY EEFEEENCE INSUEANCE DIGEST 
 
 condition of the arteries at the time of insured's 
 death, and physicians of skill and reputation tes- 
 tified that the condition probably existed at, and 
 prior to, the time of the alleged accident; that 
 this condition greatly weakened the arteries ; and 
 that because thereof a blow or some other exciting 
 cause might produce apoplexy or paralysis when 
 in a healthy condition these results would not 
 follow. 
 
 The Court below instructed the jury that if the 
 insured sustained a fall, and if the bursting of the 
 artery was caused thereby, the plaintiff would be 
 entitled to recover, even though it was found that 
 the artery was in a weakened condition by reason 
 of disease. Held, that this instruction was erron- 
 eous; that as long as parties who are capable of 
 so doing shall be permitted to make their own 
 contracts, it is the plain duty of the Court to en- 
 force them as they are written, unless fraud or 
 public policy shall intervene ; and if it be true, as 
 the jury might have found under the evidence, 
 that the diseased condition of the arteries aggra- 
 vated the effect of the accident, if there was one, 
 and contributed to the disability occasioned there- 
 by, then, under the express terms of the contract, 
 there was no liability on the part of the asso- 
 ciation. 
 
 Binder v. National Masonic Accident As- 
 sociation, 
 127 Iowa, 25; 102 N. W. Kep. 190. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 61 
 
 Heart weak — Strain of heart by physical exertion — 
 Dilation of heart. 
 
 A policy of insurance provided for the payment 
 in case assured should "sustain any bodily injury 
 caused by violent, accidental, external and visible 
 means," and the injury so sustained should be 
 "the sole and immediate cause of death of the 
 insured," within three months of the occurrence 
 of the accident. The assured died on January 
 
 25, 1904, while the policy was in force, the follow- 
 ing circumstances having led up to his death : On 
 the morning of December 26, 1903, he was in the 
 apparent enjoyment of good health and able to 
 discharge the duties of his employment, which 
 were duties requiring some bodily activity. In 
 fact, however, on that day and for some consider- 
 able time prior thereto his heart was in a weak 
 and unhealthy condition, although he did not 
 know that fact. During the morning of December 
 
 26, being apparently in his usual good health, he 
 attempted to eject a drunken man from his mas- 
 ter's premises, using some physicial exertion for 
 that purpose by pushing or pulling in order to 
 OA'^ercome the man's passive resistance. The 
 effect of this physicial exertion was to cause a 
 strain on the assured 's heart, and the increased 
 A\ork of the heart under this strain rendered it, 
 owing to its weakened and unhealthy state, incap- 
 able of recovering its ordinary condition when the 
 immediate strain ceased, the consequence being 
 that the heart began to dilate, and the dilation so 
 set up was the cause of death. But for this exer- 
 
62 READY REF EBENCE INSTTRANCE DIGEST 
 
 tion in attenipting to eject the drunken man the 
 assured might have lived a considerable time 
 longer. Held, that the injury which resulted in 
 the death of the assured was not caused by "acci- 
 dental means" within the meaning of the policy, 
 and the insurers were, therefore, not liable. 
 
 Scarr v. General Accident Assurance Cor- 
 poration, Ltd. (England C. A.), 
 1 King's Bench, 387; 1 Ann. Cas. 787 
 and note. 
 
 Accidental injury — Diabetes — Co-operating causes. 
 
 An accident insurance policy provided that the 
 company should be liable for injuries or death 
 caused solely by accidental means, and expressly 
 ^•xempted the company from liability if death re- 
 sulted wholly or in part, directly or indirectly, 
 from any bodily disease or infirmity of the in- 
 sured. The evidence in this case shows that at 
 the time the policy was issued, and at the time of 
 the insured's death, which was claimed to have 
 been the proximate result of an accidental injury, 
 he was affected with diabetes, and the evidence is 
 conclusive that such disease directly co-operated 
 with the injury in causing death. Held, that the 
 company was not liable. 
 
 White V. Standard Life and Accident In- 
 surance Company (Minn. S. C), 
 95 Minn. 77; 103 N. W. Rep. 735; 5 
 Ann. Cas. 83 and note. 
 
 Judgment modified on re-hearing: 
 
 95 Minn. 77; 103 N. W. Rep, 884. 
 
DISEASE DISTIISTGUISHED 63 
 
 Accidental injury — Typhoid fever developed later. 
 
 The insured received an injury June 12, and as 
 a result thereof was confined to his bed from the 
 date of the injury until about July 1. From July 
 1 to 18 insured was up and about, making no com- 
 plaint on account of the injury. July 18 and 19 
 he went to the office of a physician complaining 
 of a headache and other symptoms; and was ad- 
 vised by the physician that he was threatened 
 with typhoid fever and to go home and go to bed, 
 which he did. Insured died of the fever August 
 3 6. The Court instructed the jury that if by rea- 
 son of the injuries received by insurel some dis- 
 ease was caused to be set up in his body which 
 would not have happened or existed but for said 
 injuries, and, from which disease so caused, the 
 insured died, "that in such case the said injuries 
 established the proximate cause of the death." 
 Held, that, conceding the evidence tended to prove 
 that insured, by reason of said injuries, might 
 have contracted the disease more readily than he 
 would otherwise have done, the instruction ig- 
 nored the plain provision of the policy sued on — 
 that it covers only injuries which "solely and in- 
 dependently of aU other causes" necessarily end 
 in death, and erroneously assumed that the in- 
 juries alone caused the disease. 
 
 Continental Casualty Company v. Peltier 
 (Va. S. C. A.), 
 104 Va. 222; 51 S. E. Eep. 219; 34 Ins. 
 Law Jour. 760. 
 
64 READY REFERENCE INSURANCE DIGEST 
 
 Insured struck another in mouth — Cut hand with 
 teeth — Blood poisoning — ^Arm amputated — Death. 
 
 The policy insured against "disability or death 
 resulting directly and independently of all other 
 causes, from bodily injuries sustained through 
 external, violent and accidental means." The in- 
 sured becoming engaged in an altercation with 
 another person, struck such person in the mouth, 
 cutting his hand by coming in contact with the 
 teeth of such person. In a few days blood poison- 
 ing set in ; the arm was amputated ; and death of 
 the insured followed. Held, that the death of in- 
 sured was due to external, violent and accidental 
 means within the terms of an accident policy, 
 
 Carroll et al. v. Fidelity and Casualty 
 
 Company (U. S. C. C, South Car.), 
 137 Fed. Rep. 1012; 34 Ins. Law Jour. 
 
 966. 
 
 Reversed as follows : 
 
 A holder of a policy, insuring him against dis- 
 ability or death "resulting directly and independ- 
 ently of all other causes, from bodily injuries sus- 
 tained through external, violent and accidental 
 means," committed an assault and battery on a 
 person who made no resistance, and, in striking 
 such person in the face, injured his hand, and a 
 few days later died from the effects of blood 
 poisoning which developed in the wound. Held, 
 that such injury, which was the direct means of 
 causing death of the insured, being the natural 
 result of a voluntary act committed when he was 
 in full possession of his mental faculties, was not 
 
ACCIDENT, defined; D ISEASE DISTINGUISHED 65 
 
 "accidental," within the meaning of the policy, 
 and did not give a right of action thereon to re- 
 cover for the resulting disability and death. 
 
 Fidelity and Casualty Co. v. Stacey's 
 Executors (U. S. C. C. A., 4th Cir., 
 South Car.), 
 143 Fed. Rep. 271 ; 74 C. C. A. 409 ; 5 L. 
 E. A. (N. S.) 657; 6 Ann. Cas. 995. 
 
 Foot gave way, causing fall on station platform — Hit 
 by train and injured. 
 
 Insured, a man of 75 years of age, was walking 
 on a station platform while the train was ap- 
 proaching, and his foot gave way, and he fell and 
 was injured by the approaching train. In an ac- 
 tion on an accident policy it can not be said as a 
 matter of law that such disorder as the sudden 
 giving away of the foot without apparent cause 
 was a disease wiihin the meaning of the contract, 
 such that the insured is precluded from recovery 
 for this reason. 
 
 Noyes v. Commercial Travelers' Eastern 
 Accident Association (Mass. S. J. C.) 
 190 Mass. 171; 76 N. E. Rep. 665; 35 
 Ins. Law Jour. 193. 
 
 Hand injured by pressure on it while asleep — ^Inflam- 
 mation of metacarpal bones. 
 
 A policy of accident insurance covering 
 
 "against loss of business time * * * result- 
 
66 READ Y REFERENCE IKSXJRANCE DIGEST 
 
 iiig from bodily injuries effected during the term 
 of this insurance through external, violent and 
 accidental means," covers loss of business time by 
 disease, provided the disability was proximately 
 caused by bodily injury occasioned through exter- 
 nal, violent and accidental means. 
 
 It appears from the testimony that on July 31, 
 1902, insured, being much fatigued from an ex- 
 tended trip, retired about 8 P. M. As he was 
 somewhat restless, he placed his left hand between 
 the pillow and his head, in order to raise it higher. 
 The hand was placed on edge, with the thumb next 
 the head, and he fell asleep in that position. Some 
 time during the night, while asleep, he moved so 
 that his hand, with his head continuing upon it as 
 before, rested upon the edge of the bed rail, and 
 he continued to sleep in that posture until 4 A. 
 M., when he awoke. He found that his hand was 
 wholly numb, and it continued in that condition 
 for the space of half an hour. There was a black 
 mark upon it, where it had rested upon the rail, 
 and this mark existed for some time thereafter. 
 The hand pained him a great deal during the fol- 
 lowing day, and during the next night he was com- 
 pelled to call a physician. The testimony of 
 the latter, as well as that of the family physician, 
 who took charge of the case upon returning from 
 his vacation, shows that the pressure on the hand 
 A\'hile upon the bed rail resulted in an inflamma- 
 tion of the periosteuni of the metacarpal bones 
 lying back of the third and fourth fingers, a con- 
 dition which made an operation necessary and 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 67 
 
 caused a protracted illness. Held, that the injury 
 was due to external, violent and accidental means. 
 Aetna Life Insurance Company v. Fitz- 
 gerald (Ind. S. C), 
 165 Ind. 317; 75 N. E. Rep. 262; 1 L. 
 E. A. (N. S.) 422; 112 Am. St. Rep. 
 232; 6 Ann. Cas. 551; 35 Ins. Law 
 Jour. 55. 
 
 Scratch on hand — Blood poisoning — ^Arm amputated. 
 
 Where a health policy insured against certain 
 named diseases, including blood poisoning, and a 
 proviso declared that the policy should not apply 
 to any disease which was the result of an injury, 
 the proviso was inoperative as to blood poisoning, 
 which always results from an injury. 
 
 The policy provided that it should not cover 
 "any disease or illness which results from in- 
 jury." The insured received a small scratch on 
 the hand, which resulted in blood poisoning, ne- 
 cessitating the amputation of the arm. Held, 
 that the provision of the policy did not exclude 
 disability by blood poisoning resulting from an 
 accidental injury. 
 
 Jones V. Pennsylvania Casualty Com- 
 pany (N. C. S. C), 
 140 N. C. 262; 52 S. E. Rep. 578; 35 
 Ins. L. Jour. 312; 111 Am. St. Rep. 
 843;5L. R. A. (N. S.) 932. 
 
 Fall — ^Abrasion of skin on leg — Inflammation — ^Blood 
 
 poisoning — Bacterial infection. 
 
 The insured accidentally fell and sustained an 
 abrasion of the skin of his right leg, which wound 
 
68 READY REFERENCE INSURANCE DIGEST 
 
 appeared somewhat red and inflamed on the sec- 
 ond day. On the eighth day a physician first saw 
 the wound and then found insured to be suffering 
 from blood poisoning, and two days thereafter in- 
 sured died. The evidence showed that the abra- 
 sion of the skin furnished the port of entry 
 through which bacterial infection entered the sys- 
 tem of insured and caused the blood poisoning 
 which was the immediate cause of his death. 
 Held, that the jury was warranted in their conclu- 
 sion that the death of insured resulted proxi- 
 laately and solely from his accidental fall. 
 
 The policy provided that the company should 
 not be liable for death resulting from "bodily in- 
 firmity or disease of any kind." Held, that this 
 exemption in the policy can n6t be made to apply 
 to bodily infirmity or disease resulting from an 
 accidental injury. 
 
 Gary v. Preferred Accident Insurance 
 
 Company (Wis. S. C), 
 127 Wis. 67; 106 N. W. Rep. 1055; 115 
 
 Am. St. Rep. 997 and note; 7 Ann. 
 
 Cas. 484; 5 L. R. A. (N. S.) 926 and 
 
 note; 35 Ins. Law Jour. 481. 
 
 Patty degeneration of heart— Over-exertion— Pall- 
 Heart ruptured. 
 
 Insured was engaged in carrying one end of a 
 door weighing about 86 pounds along a level 
 street. When he had proceeded about 800 yards, 
 insured looked at the other party carrying the 
 door and said, "I am tired," fell down and sud- 
 denly expired. An autopsy was made and it was 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 69 
 
 found the right auricle of the heart was ruptured ; 
 such a rupture as would and did in this case cause 
 immediate death. The autopsy further disclosed 
 that the heart was badly diseased and that in- 
 sured was suffering from what is known as fatty 
 degeneration of the heart. Held, that death was 
 not due to accidental injury within the meaning 
 of the policy, and there can be no recovery there- 
 on, there being in fact nothing of an accidental 
 nature, and no external cause not fully antici- 
 pated by the insured. 
 
 Shanberg v. Fidelity and Casualty Com- 
 pany (U. S. C. C, Mo.), 
 143 Fed. Eep. 651 ; 35 Ins. Law Jour. 
 649. 
 Affirmed as follows : 
 
 Company not liable for the death of the insured 
 from ruptured heart, the walls of which had been 
 weakened by what is known as "fatty degenera- 
 tion," the immediate and inciting cause of the 
 rupture being either over-exertion in assisting to 
 carry a burden, or deep breathing following such 
 exertion, neither of which was accidental. 
 
 Shanberg v. Fidelity and Casualty Com- 
 pany (U. S. C. C. A., 8th Cir., Mo.), 
 158 Fed. Eep. 1; 85 C. C. A. 343; 19 L. 
 E. A. (N. S.) 1206; 37 Ins. Law 
 Jour. 296. 
 
 Feet burned in hot air bath — Gangrene — Toes ampu- 
 tated — Leg amputated — ^Diabetes. 
 The policy provided that it "shall not cover 
 
 accident, injury, death, loss of limb * * * from 
 
70 READY REFERENCE INSURANCE DIGEST 
 
 disease in any form." Insured met with an acci- 
 dent in a hot air hath, by which his feet were 
 burned. The burn was not at first considered ser- 
 ious. His physician treated the injury, but gan- 
 grene soon developed, rendering it necessary to 
 first amputate two toes and finally to amputate 
 one leg about half way between the knee and 
 ankle. The company contended that at the time 
 of the accident insured was afflicted with diabetes, 
 and that the gangrene and amputation necessi- 
 tated thereby was the result of the disease and 
 not of the accident. Insured was afflicted with 
 diabetes in a curable form previous to the time of 
 his application, but was pronounced cured by his 
 physician before his application was made. After 
 the amputation and analysis of the urine, it 
 showed the presence of sugar. There was evi- 
 dence tending to show that a shock such as that 
 suffered by the plaintiff was liable to cause dia- 
 betes. The company's own physician diagnosed 
 the gangrene as being caused by the wound. 
 Beld, that the evidence was ample to justify the 
 finding of the jury that the plaintiff was not 
 afflicted with diabetes when he applied for and 
 received his policy, and that the disease which de- 
 veloped subsequent to the accident was attribut- 
 able to it. 
 
 Jiroch V. Travelers' Insurance Company 
 
 (Mich. S. C), 
 145 Mich. 375; 13 Detroit Leg. N. 461; 
 
 108 N. W. Eep. 728; 35 Ins. Law 
 
 Jour. 936. 
 
ACCIDENT, DEPINED; DISEASE DISTINGUISHED 71 
 
 Appendicitis — Surgical operation — Septicaemia. 
 
 The policy covered death "through external, 
 violent and accidental means independent of all 
 other causes," subject to certain conditions, 
 among which was the Mowing: "This policy * * * 
 subject to its conditions, covers death or disability 
 resulting from septicaemia," etc. The insured 
 died of septicaemia after an operation for appen- 
 dicitis. Held, that the purpose and effect of the 
 condition was to cover death from septicaemia 
 only when resulting from an accident; and that 
 the death of the insured from septicaemia result- 
 ing from an operation for appendicitis was not 
 within its terms. 
 
 Herdic v. Maryland Casualty Company 
 
 (U. S. C. C, Pa.), 
 
 146 Fed. Rep. 396 ; 36 Ins. Law Jour. 83. 
 
 Affirmed: (U. S. C. C. A.; 3rd Cir.) 149 
 
 Fed. Rep. 198; 79 C. C. A., 156; 36 
 
 Ins. Law Jour. 277. 
 
 Fall — Head injured and contusion under shoulder 
 blade — ^Unconscious— Traumatic pneumonia — Cere- 
 bral hemorrhage. 
 
 Insured met with a fall in his house on April 
 29, 1904, and died two weeks later. According 
 to the testimony of the witnesses who saw the 
 accident, deceased had gone from one room of his 
 home to the other to get a drink, and, as he went 
 back, fell against a dresser having a marble top 
 and from thence to the floor. The marble slab of 
 the dresser was whole prior to the fall, but was 
 
72 READY REFERENCE INSURANCE DIGEST 
 
 found to have been broken in two either by the 
 force with which deceased's head struck it, or by 
 falling on the floor. Persons rushed at once to 
 the relief of deceased and found him unconscious, 
 a lump on his head under the right ear and a con- 
 tusion under his shoulder blade an inch or more 
 long. He was lying on his back with his head 
 against the wall of the room. He was lifted from 
 the floor and carried to a bed, which he never 
 left, dying, as said, on May 13th. He seemed to 
 be in pain until the time of his death. The at- 
 tending physician testified that the death would be 
 due to one of two conditions: traumatic pneu- 
 monia — that is, pneumonia resulting from violent 
 injury — or cerebral hemorrhage. On cross-exam- 
 ination the physician stated that the insured, 
 while in bed, might have contracted some other 
 disease and have died from that. Held, that the 
 question whether the death of insured was due to 
 the fall and injuries received thereby was prop- 
 erly submitted to the jury. 
 
 If either truamatic pneumonia or cerebral hena- 
 orrhage ensued as the result of the fall, and de- 
 ceased died in consequence of the disease, his 
 death was caused proximately and solely by acci- 
 dental violence within the meaning of the policy. 
 (Judgment reversed against company.) 
 
 Johnson v. Continental Casualty Com- 
 pany (St. Louis C. A.), 
 122 Mo. App. 369; 99 S. W. Eep. 473. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 73 
 
 Fall on icy sidewalk — ^Ankle injured — Fibula fractured 
 — Death from injury, shock, encephalo meningitis 
 and lung congestion — ^Arterio sclerosis. 
 
 The policy insured against disability or death 
 resulting directly and independently of all other 
 causes, from bodily injuries sustained through 
 external, violent and accidental means. The in- 
 sured, while waUdng upon the street, slipped and 
 fell upon the pavement and injured his ankle. 
 There was snow and ice upon the pavement at the 
 place of the accident, and his fall is alleged to be 
 due to the condition of the street. He returned 
 shortly after the fall to his club, where he had left 
 a number of friends, and complained of suffering 
 considerable pain in his right leg. A physician 
 subsequently diagnosed the injury as a fracture 
 of the fibula, the small outer bone of the ankle. 
 He died about six months after the injury. At 
 the time of the injury insured was 64 years of age, 
 and at the time of his death the fracture of his 
 ankle had completely healed. The physician who 
 treated him continuously from the date of the ac- 
 cident until his death, in the proofs of death, sub- 
 mitted to the company, gave cause of death as fol- 
 lows: "The primary cause due to the injury and 
 consequent shock, due to the fall; contributory, 
 encephalo meningitis ; immediate cause, lung con- 
 gestion." 
 
 He testified that encephalo meningitis was a dis- 
 ease. It is an old form or some form of change 
 in the meninges that cover the brain ; changes go- 
 ing on in the brain surface. It is an affection of 
 the brain covering. It means a degeneration. The 
 
74 KBADY KEFEEENCE INSURANCE DIGEST 
 
 proof further shows that at time of the accident 
 the insured was suffering from a disease called 
 "arterio sclerosis," which is a diseased condition 
 of the arteries. The physician further testified 
 that the injury to insured would not have pro- 
 duced arterio sclerosis in a man who did not have 
 it ; and that if the arteries of insured had been 
 perfectly good, the injury to the ankle would have 
 been trifling, but as it was the arterio sclerosis 
 was a very strong contributing factor to his death. 
 But for the accident insured would not have suc- 
 cumbed to his physical ailments in so short a time 
 as he did. Held, that the death of insured was 
 not the result directly and independently of all 
 other causes from bodily injuries sustained from 
 external, violent and accidental means. 
 
 Thomas v. Fidelity and Casualty Company 
 (Md. C. A.), 
 106 Md. 299; 67 Atl. Eep. 259; 36 Ins. 
 Law Jour. 830. 
 
 Liver, heart, lungs, kidneys and appendix diseased- 
 Bruise on left shin. 
 
 The policy of insurance sued on provided 
 for indemnity if insured shall receive bodily in- 
 juries "through external, violent and accidental 
 means," and "if death shall result from such 
 injuries alone within 120 days, the association will 
 pay not exceeding $3,000 to the beneficiary named. 
 ]t was shown that the insured had been in bad 
 health for a number of years prior to his death, 
 and had been treated repeatedly and by different 
 physicians for congestion of the liver and palpi- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 75 
 
 tation of the heart, and the autopsy showed that 
 both lungs were in a state of congestion indicating 
 pneumonia; that he had a diseased heart; that the 
 liver was engorged with bile; that both kidneys 
 were diseased, as was also the appendix. The au- 
 topsy did not disclose any marks of violence upon 
 the body, and the only evidence of this fact was 
 that of the plaintiff and a physician who examined 
 him shortly before his death, to the effect that 
 there was a bruise on the left shin five or six 
 inches long and two' or three inches wide. Held, 
 that under the evidence there could be no recovery 
 under the policy. 
 
 National Association of Railway Postal 
 
 Clerks v. Scott (U. S. C. C, 2nd Cir., 
 
 N. Y.), 
 155 Fed. Rep. 92 ; 83 C. C. A. 652. 
 
 Injured operating a mower — Traumatic neuritis. 
 
 Where plaintiff, while operating a mower, suf- 
 fered a personal bodily injury, which left an ex- 
 ternal mark visible to the eye and developed into 
 traumatic neuritis, such affection was not- a dis- 
 ease within an accident policy providing a lesser 
 liability in case of claims for indemnity for in- 
 juries of which there was no external mark visible 
 to the eye or accidental injuries resulting from 
 disease in any form. 
 
 Kenny v. Bankers Accident Insurance 
 Company (Iowa S. C), 
 136 Iowa 140; 113 N. W. Rep. 566,; 37, 
 Ins. Law Jour. 59. 
 
76 READY REFERESrCE I KSURAKCE DIGEST 
 
 Thumb bitten by dog— Dog bite— Blood poisoning- 
 Infection. 
 
 While the insured was sitting in front of his 
 hotel holding a little dog on his lap, some one 
 came behind and pinched the dog's tail, where- 
 upon the dog snapped and bit the insured on his 
 thumb, from the effects of which, two weeks there- 
 after, he died. The policy under which the bene- 
 ficiary sought to recover provided for loss 
 through personal bodily injuries caused solely 
 through accidents, due wholly to violent means, 
 external to the body, etc. The defendant com- 
 pany contended that the loss came under the 
 health provision in said policy which included 
 "inter alia, contact with poison or with poisonous 
 or infectious substances. ' ' Held, that the innocu- 
 lation with a poison generating germ from a dog's 
 saliva or from its tooth, or from insured's thumb, 
 did not present a case, within the usual and ordi- 
 nary meaning of such words, of contact with 
 poison or with poisonous or infectious substances, 
 and- that the claim came within the provisions of 
 the policy relating thereto. 
 
 And a claim cannot be excluded from the acci- 
 dent provisions of a policy if the injury is one of 
 character described therein, and is the proxi- 
 mate cause of the death, merely because the injury 
 is accompanied by a disease or sickness mentioned 
 in the health provisions of the policy. 
 
 Farner v. Massachusetts Mutual Acci- 
 dent Insurance Association (Dau- 
 phin County C. P.), 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 77 
 
 32 Penna. County Court Eep. (May 26, 
 
 1904), 204. 
 Affirmed: (Pa. S. C.) 219 Pa. 71; 67 
 
 Atl. Eep. 927; 123 Am. St. Eep. 621; 
 
 37 Ins. Law Jour. 82. 
 
 Blow on temple — Hemorrhage — Raving maniac — 
 Insanity. 
 
 The evidence showed that the insured, a loco- 
 motive engineer, while at work on his engine, re- 
 ceived an accidental blow on the temple, which 
 laiocked him down and caused the blood to flow 
 freely; that the insured was assisted to his feet 
 by the engineer and another person who was in 
 the cab of the engine ; that these two washed the 
 blood from the wound and rendered assistance 
 until insured arrived at the end of his run; that 
 insured went to his boarding house, where he re- 
 mained all night; but apparently did not sleep; 
 that he acted strangely next morning and left his 
 boarding house without stating where he was go- 
 ing; that he went to a physician's office, where his 
 wound was treated, after which he left the office. 
 There was no testimony introduced showing the 
 conduct of insured and his actions from the time 
 he left this physician's office until he arrived in C, 
 and then he was a raving maniac. In three or 
 four days after insured arrived at C, he was sent 
 to the state insane asylum, where he died about 
 ten days afterwards. Held, that whether the 
 death of insured was due to the accidental injury 
 
78 READY EEFEEENCE INSURANCE DIGEST 
 
 w as a question for the jury. (Judgment affirmed 
 against company.) 
 
 Travelers' Insurance Company v. Bing- 
 ham (Ky. C. A.), 
 32 Ky. Law Rep. 233; 105 S. W. Rep. 
 894. 
 
 Cut or scratch on finger — Infection — Blood poisoning. 
 
 The policy contained the provision that it was 
 issued and accepted on certain conditions, one of 
 which is, that "this insurance does not cover, in 
 event of accident or death, loss of limb or sight, 
 or disability, resulting wholly or partly, directly 
 or indirectly, from bodily or mental infirmity, or 
 disease in any form, proximate or contributory, 
 as a primary, secondary or final cause of accident, 
 injury or death." While the policy was in full 
 force, and the insured was not afflicted with any 
 known physical or mental infirmity, he unin- 
 tentionally and accidentally sustained a cut or 
 scratch on the index finger of his left hand, 
 from which blood at once issued, through which 
 wound and coincident therewith it became so in- 
 fected that blood poisoning was at once intro- 
 duced into the circulatory system of the insured, 
 from the effects of which he died within five days 
 of the accidental injury. Held, that the death 
 was not within said exception, and the insurance 
 company is liable. 
 
 Rheinheimer v. Aetna Life Insurance 
 
 Company (Ohio S. C), 
 77 Ohio St. 360 ; 83 N. E. Rep. 491 ; 15 
 
 L. R. A. (N. S.) 245. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 79 
 
 Leg injured — ^Abrasion — Infection — Blood poisoning. 
 
 The insured received an accidental injury to his 
 leg, causing an abrasion of the skin. An infec- 
 tion started at that place, and he died fifteen days 
 later from blood poisoning. Held, that the death 
 was the result of bodily injuries, independently of 
 all other causes. 
 
 Where death results from disease which follows 
 as a natural, though not a necessary, consequence 
 of an accidental physical injury, the death is with- 
 in the terms of an accident policy insuring one 
 against bodily injuries sustained through external 
 means, independently of all other causes; the 
 death being the proximate result of the injury, 
 and not of the disease as an independent cause. 
 
 Bodily infirmity means a settled disease, an ail- 
 ment that will probably result to some degree in 
 the general impairment of physical health and 
 vigor, and the words "bodily infirmity," as used 
 in an accident policy exempting the insurer from 
 liability, only includes an ailment of a somewhat 
 established or settled character, and not merely a 
 temporary disorder arising from a sudden and 
 unexpected derangement of the system. 
 
 French v. Fidelity and Casualty Com- 
 pany (Wis. S. C), 
 135 Wis. 259 ; 115 N. W. Rep. 869 ; 17 L. 
 R. A. (N. S.) 1011 ; 37 Ins. Law Jour. 
 385. 
 
80 READY REFERENCE INSURANCE DIGEST 
 
 Accidental injury — ^Infection. 
 
 The word "infection," as used in the policy, 
 relates to external injuries, and does not include 
 internal inflammation where pus is formed by the 
 presence of pus germs. 
 
 In an action on an accident insurance policy to 
 recover for the death of the insured, who died 
 from an accidental injury, the condition that such 
 death must have resulted "necessarily and sole- 
 ly" from such injury will be satisfied by showing 
 that the injury was the predominating and eflSc- 
 ient cause of the insured's death. The fact that 
 other conditions were set in motion by the injury, 
 which may have contributed to such result, is im- 
 material. 
 
 Continental Casualty Company v. Colvin 
 (Kansas S. C), 
 77 Kan. 561; 95 Pac. Rep. 565. 
 
 Leg injured on car — ^Abrasion on leg — Inflammation — 
 Erysipelas. 
 
 The policy provided for a stipulated sum in 
 case the insured should sustain bodily injuries 
 "effected solely through external, violent and ac- 
 cidental means * * * which injuries shall directly 
 and independently of all other causes, result in 
 loss of life." The insured died of erysipelas. 
 The plaintiff testified that the insured, while get- 
 ting off a street car, suffered an injury to her 
 right leg; that he helped her into the house, where 
 he put liniment and a bandage on her leg; that the 
 third day after receiving the injury, swelling and 
 
ACCiDENT, defined; disease distinguished 81 
 
 inflammation began in her limb, spreading clear 
 np to her body after a wtile. Another witness 
 testified to seeing a scratch on the right leg of in- 
 sured. A physician testified to the injury and to 
 the erysipelas. In answer to a question he stated, 
 "I don't know what provoked the attack from 
 that germ; if there was an abrasion, that would 
 probably give entrance." Another physician tes- 
 tified to the fact of the erysipelas, and also that 
 "her leg was very much swollen, and it was drop- 
 sical; there was a great deal of water in the tis- 
 sues — serum from the blood. In my opinion she 
 had erysipelas; that is a germ disease, specific 
 poisoning. It most frequently enters the system 
 through an avenue of abrasion, through the sur- 
 face; it frequently appears where there is no 
 abrasion at all." Held, that this evidence did not 
 establish the fact that the erysipelas was the re- 
 sult of the injury. 
 
 McAuley v. Casualty Company of America 
 (Mont. S. C), 
 37 Mont. 256; 96 Pac. Rep. 131. 
 
 Reversed as follows : 
 
 That an injury to the person causing an abra- 
 sion was the direct and proximate cause of her 
 death, so as to allow recovery under an accident 
 policy, is sufl&eiently shown by evidence that ery- 
 sipelas, from which the person died, manifested 
 itself within the usual time, and that erysipelas 
 can be contracted only by introduction of the 
 germ through an abrasion of the skin, though 
 
82 READY EEFBKENCE INSURANCE DIGEST 
 
 there is no other evidence as to how or when the 
 germ was coimnunicated. 
 
 McAuley v. Casualty Company of America 
 (Mont. S. C), 
 39 Mont. 185; 102 Pac. Eep. 586; 38 
 Ins. Law Jour. 1022. 
 
 Strain or exertion in controlling horse — Blood vessel 
 ruptured — Brain ruptured — Hardening of arteries — 
 Arterio sclerosis. 
 
 Where the evidence showed that insured prev- 
 ious to taking a horseback ride, was in good 
 health; that while riding his horse became un- 
 manageable, and, in his efforts to hold him, rup- 
 tured a blood vessel of the brain, evidence was in- 
 troduced pro and con as to his condition of health 
 by physicians who either had treated him or had 
 taken part in an autopsy over his body. Held, 
 that where the testimony of several physicians 
 was conflicting as to whether or not the arteries 
 of the insured were diseased, and whether or not 
 his struggle with the horse could have caused a 
 rupture of his arteries, it was not error of the 
 court to refuse a peremptory instruction for the 
 company. 
 
 The defendant alleged that insured died of dis- 
 ease. The court instructed, in effect, that if by 
 reason of the extraordinary exertion to control 
 his horse, or by the movements of the horse and 
 independent of all other causes, a blood vessel in 
 insured's brain was ruptured, and that the injury 
 necessarily and solely caused his death, they 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 83 
 
 should find for the plaintiff, though the blood ves- 
 sel had been weakened or hardened by prior dis- 
 ease, and called the jury's attention to the fact 
 that if the disease, if any, he had, had no part in 
 causing the rupture, and the death of the insured, 
 it was not a defense. By another instruction the 
 Court called attention to the fact that if insured 
 was suffering from disease which tended to 
 M'eaken or harden the blood vessels in the brain, 
 and that such disease caused or actively co-oper- 
 ated with any accidental injury to the insured's 
 brain, and that his death resulted from such co- 
 operating, the law was for defendant. Held, that 
 the instructions were not conflicting. (Judgment 
 affirmed against company.) 
 
 Continental Casualty Company v. Semple 
 (Ky. C. A.), 
 112 S. W. Eep. 1122. 
 
 Physical exertion climbing steps — Rarified atmosphere 
 — Climatic conditions — Disease. 
 
 Where insured, in an accident policy indemni- 
 fying only for injury or death arising from physi- 
 cal bodily injury through external, violent and ac- 
 cidental means, died as a result of physical exer- 
 tions in climbing steps at a hotel, carrying heavy 
 satchels, because of the rarified condition of the 
 atmosphere, he died from doing what he intended 
 to do, though the result was not anticipated, and 
 his death was not the result of accidental means. 
 
 The word "accident," in accident policies, 
 means an event which takes place without one's 
 
84 BEADY KEFEEENCE INSUKANOE DIGEST 
 
 foresight or expectation. A result, though unex- 
 pected, is not an accident; the means or cause 
 must be accidental. Death resulting from volun- 
 tary physical exertion or from intentional acts of 
 insured, is not accidental, nor is disease or death 
 caused by the vicissitudes of climate or atmos- 
 phere the result of an accident ; but where, in the 
 act which precedes an injury, something unfore- 
 seen or unusual occurs which produces the injury, 
 the injury results through accident. 
 
 Schmid v. Indiana Travelers' Accident 
 
 Association (Ind. C. A.), 
 42 Ind. App. 483; 85 N. E. Eep. 1032; 
 
 38 Ins. Law Jour. 101. 
 
 Fall on wet ground — Shock of fall and wetting lowered 
 vitality — Pneumonia. 
 
 By the terms of a policy an accident insurance 
 company undertook, if, at any time during the 
 continuance of the said policy, the insured should 
 sustain any bodily injury caused by violent, acci- 
 dental, external, and visible means, then, in case 
 such injury should, within three months from the 
 occurrence of the accident causing such injury, 
 directly cause the death of the insured, to pay the 
 legal personal representatives of the insured the 
 capital sum of 1,000 pounds. The policy con- 
 tained the folowing proviso: "Provided always, 
 and it is hereby as the essence of the contract 
 agreed as follows: that this policy only insures 
 against death where accident within the meaning 
 of the policy is the direct and proximate cause 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 85 
 
 thereof, but not where the direct and proximate 
 cause thereof is disease or other intervening 
 cause, even though the disease or other interven- 
 ing cause may itself have been aggravated by such 
 accident, or have been due to weakness or exhaus- 
 tion consequent thereon, or the death accelerated 
 thereby." The assured, while hunting, had a 
 heavy fall, and, the ground being very wet, he was 
 wetted to the skin. The effect of the shock and 
 the wetting was to lower the vitality of his system, 
 and being obliged to* ride home afterwards, while 
 ■wet, still further lowered his vitality. The effect 
 of this lowering of his vitality was to cause- the 
 subsequent development of pneumonia in his 
 lungs, of which he died. The pneumonia was not 
 septic or traumatic, but arose as a direct and na- 
 tural consequence from the fact that the diminu- 
 tion of vitality caused through the accident, as 
 above mentioned, allowed the germs called "pneu- 
 monicocci," which in small numbers are generally 
 present in the respiratory passages, to multiply 
 greatly and attack the lungs. Held, that the death 
 of the assured was directly caused by accident 
 within the meaning of the policy, and that the ease 
 did not come within the proviso therein, and the 
 company was consequently liable on the poMcy. 
 Ethermgton v. Lancashire & Yorkshire 
 
 Accident Insurance Company (Eng. 
 
 C.A.), 
 1 King's Bench (The Law Reports, 
 
 Apr. 1, 1909), 591; W. N. 35; 125 
 
 L. T. 328; 53 G.J. 266. 
 
86> 5EADY EEFEEENCE INSURANCE DIGEST 
 
 Ban into door, struck eye on hinge — ^Hemorrhage of 
 eye — Loss of eye — Blindness. 
 
 The policy insured against the entire and irre- 
 vocable loss of one eye, caused directly and inde- 
 pendently through external, violent and acciden- 
 tal means. The insured ran into a door at night 
 time and was struck in the eye by a hinge which 
 caused the total loss of sight. The experts, who 
 were called to testify, all agree that the loss of 
 sight was total and irrecoverable. The company 
 questions the right of insured to recover on the 
 ground that the diseased condition of the eye at 
 the time of the accident was indirectly the cause 
 of the blindness, and introduced expert testimony 
 to that effect. One of the experts called on be- 
 half of the insured, who had treated the case prior 
 to the time of the accident, testified that from his 
 knowledge of the case the diseased condition of 
 the eye had no effect in producing blindness, and 
 that the hemorrhage, produced by the injury, was 
 sufficient in itself to cause entire blindness. Held, 
 that the evidence warranted a verdict finding that 
 the loss of eye resulted from an injury directly 
 and independently through external, violent and 
 accidental means, and not from a prior diseased 
 condition of the eye. 
 
 Travelers' Insurance Company v. Mc- 
 Inerney (Ky. C. A.), 
 119 S. W. Kep. 171; 38 Ins. Law Jour. 
 589. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 87 
 
 Eye struck with small piece of steel — Inflammation 
 of eye — Inflammation spread to other eye — Loss of 
 sight of both eyes. 
 
 The company contended that there was no evi- 
 dence showing that insured's loss of sight of both 
 eyes resulted alone from the injury to the right 
 eye. The insured testified that a small piece of 
 steel had struck him in the right eye ; that the eye 
 became inflamed; that then the inflammation 
 spread to the other eye, and that the sight of both 
 eyes was lost. Two medical experts testified that, 
 through sympathy, one eye is often affected by 
 an injury to the other. Held, that the proof was 
 sufficient to sustain a finding that the loss of the 
 sight of both eyes was due to the injury to his 
 right eye, and not as the result of any kind of a 
 disease. 
 
 Aetna Life Insurance Company of Hart- 
 ford V. Griffin (Texas C. C. A.), 
 58 Tex. Civ. App. 198; 123 S. W. Rep. 
 432; 39 Ins. Law Jour. 284. 
 
 Glanders, an infectious disease, contracted while clean- 
 ing stables. 
 
 The policy indemnified assured "against loss 
 from the liability imposed by law upon the as- 
 sured for damages on account of bodily injuries 
 or death suffered while this policy is in force, by 
 any employe * * * of the assured while on duty 
 within the factory, shop or yard described in the 
 schedule * * * in and during the operation of the 
 trade or business described in the schedule." 
 While the policy was in force one Jeremiah 
 
88 BEADY KEFERENCE INSURANCE DIGEST 
 
 Barry, who was employed by the plaintiff as a 
 hostler in its stables, had the care of horses which 
 were afterwards found to have been suffering 
 from the glanders and were killed, and Barry was 
 directed to assist in cleaning up the stalls. No 
 notice was given to him that the horses suffered 
 or had suffered from glanders. The glanders is 
 an infectious disease, and subsequently Barry was 
 attacked by it and brought suit against the plain- 
 tiff for negligently putting him to work on the 
 horses and thereby exposing him to the disease. 
 Held, that the injuries received by the employe 
 were within the meaning of the policy. 
 
 H. P. Hood £ Sons, Inc., v. Maryland 
 
 Casualty Company (Mass. S. J. C), 
 206 Mass. 223 ; 92 N. E. 329 ; 30 L. E. A. 
 
 (N. S.) 1192; 138 Am. St. Rep. 379; 
 
 39 Ins. Law Jour. 1340. 
 
 Fall from buggy — Head injured — Auto-intoxication — 
 Prior injury and disease. 
 
 The policy insured against death caused by ac- 
 cidental injuries "independently of all other 
 causes." Insured on April 6 fell from his buggy, 
 striking his head, and on April 23 he died. 
 The cause of his death was auto-intoxication. 
 Several months prior to the fall from his buggy 
 insured had been thrown from a street car, result- 
 ing in the breaking of several of his ribs and the 
 development of auto-intoxication. It was shown 
 that the auto-intoxication was often produced by 
 injuries, or anything lowering the vitality and re- 
 
ACCIDKNT, defined ; DISEASE DISTIIiTGUISHED 89 
 
 tarding the intestines in performing their func- 
 tions. Held, that the evidence was insufficient to 
 sustain the verdict that death was caused by auto- 
 intoxication resulting from injuries sustained in 
 the fall from the buggy "independently of all 
 other causes." 
 
 Held, that "if the injury or death is due to an 
 accident, without the intervention of any diseased 
 condition of the body, the company is liable. It 
 is not liable where the injury or death happened 
 in consequence of the disease or bodily infirmity, 
 and not of the accident, or where it is due both to 
 the accident and the disease. But where the aci- 
 dent, and not the diseased condition, is the proxi- 
 mate cause of death the company is liable." 
 
 Aetna Life Insurance Company v. Bethel 
 (Ky. C. A.), 
 140 Ky. 609; 131 S. W. Rep. 523; 40 
 Ins. Law Jour. 108. 
 
 Strain caused by carrying heavy basket — Appendicitis 
 — Surgical operation — Prior attack of appendicitis — 
 Susceptibility to appendicitis. 
 
 The policy insured against bodily injury, ef- 
 fected directly and independently of all other 
 causes, through external, violent and accidental 
 means. Some three years prior to his death in- 
 sured had suffered an attack of appendicitis, for 
 which no operation was performed. Just a few 
 days prior to his death he strained himself. Phy- 
 sicians were called and they decided he was suf- 
 fering from appendicitis. An operation was per- 
 
90 READY REFERENCE INSURANCE DIGEST 
 
 formed, and it was found that the appendix was 
 gangrenous, perforated in three places, and ob- 
 tained a calculus of foecal concretion about the 
 size of a small pea. The first attack, because of 
 adhesions and conditions created by it, left the 
 appendix in an abnormal condition, and made it 
 susceptible to other attacks arising from straining 
 of that portion of the body. The second attack 
 arose from the strain caused by carrying the bas- 
 ket of soil described herein. Such attack would 
 not have occurred from such strain, except for 
 the conditions created by the first attack. Held, 
 that there could be no recovery. Where an injury 
 and an existing bodily disease concur and co-ope- 
 rate to cause death, no liability exists. If, how- 
 ever, the disease results from the injury, the com- 
 pany is liable, though both co-operate in causing 
 death. The distinction made in this particular is 
 found in that class of cases where the infirmity or 
 disease existed in the insured at the time of 
 the injury, and, on the other hand, that class of 
 cases where the disease was caused and brought 
 about by the injury. And even in cases where the 
 insured is afidicted at the time of the accident with 
 some bodily disease, if the accidental injury be of 
 such a nature as to cause death solely and inde- 
 pendently of the disease, liability exists. 
 
 Stanton v. Travelers' Insurance Com- 
 pany (Conn. S. C. E.), 
 83 Conn. 708 ; 78 Atl. Eep. 317 ; 34 L. E. 
 ; A. (N. S.) 445 ; 40 Ins. Law Jour. 160. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 91 
 
 Slid into cement block base while playing baseball — 
 Abdomen bruised — Appendicitis — Surgical operation 
 — Prior attack of appendicitis. 
 
 While playing baseball, the insured, in sliding 
 for a base, slid into a cement block used for the 
 base, his abdomen going across it. He showed 
 evidence of pain at the time. A few days after- 
 wards he submitted to an operation for appendi- 
 citis, from which he died. At the time of such 
 operation, the doctors found evidence of injuries 
 — ^bruises and discolo'ration — upon his abdomen. 
 The autopsy revealed a gangrenous condition of 
 the appendix. Insured had consulted a physician 
 once or twice somewhat more than a year pre- 
 vious to his death. The physician found some 
 tenderness over the region of the appendix on 
 pressure, and some soreness, and that he was suf- 
 fering from a mild case of appendicitis, catarrhal 
 in nature. The physician prescribed a laxative, 
 and never heard him complain after that. Held, 
 that the evidence was sufficient to justify the find- 
 ing of the jury that insured was injured by acci- 
 dental means (the sliding into the base not being 
 expected or intended), and that the injury so re- 
 ceived was the proximate cause of his death. 
 
 Held, further, that under the instruction, "If 
 you find that Ludwig had at some previous time 
 suffered from an attack of appendicitis, and he 
 had fully recovered therefrom, so that immedia- 
 tely before the external, accidental injury at the 
 ball game, if you find there was such an injury 
 received by him, there was then no appendicitis 
 present, but because of such previous attacks 
 
92 READY KEFEEENCE INSURANCE DIGEST 
 
 Ludwig \<ras more susceptible to the disease, and 
 such an injury started it, there may be a recovery, 
 although the external, accidental injury would not 
 have produced the appendicitis if his appendix 
 had never been previously impaired by disease. 
 In other words, if Mr. Ludwig recovered from his 
 former attack of appendicitis, if he had it, so that 
 such disease no longer existed in his body, and 
 there was only a susceptibility to have it in case a 
 proper exciting cause should arise, and in this fall 
 on the cement slab on the base is by you found 
 by a fair preponderance of the evidence to be such 
 exciting cause, and to be external, violent and ac- 
 cidental injury, the amount of the policy would 
 become payable, upon proper notice and proof 
 being made. But if, because of the former attack, 
 there was not merely a susceptibility to a further 
 attack, but the actual disease itself existed, liable 
 to be rendered active and virulent by an injury 
 such as that suffered by Mr. Ludwig, in that event 
 the active disease which resulted in death would 
 not be regarded as the result of the fall alone, but 
 as joint result of the fall and latent disease, and 
 there can be no recovery," properly submitted the 
 question. 
 
 Ludwig v. Preferred Accident Insurance 
 
 Company (Minn. S. C), 
 113 Minn. 510; 130 N. W. Eep. 5; 40 
 
 Ins. Law Jour. 844. 
 
 Chloroform administered prior to surgical operation — 
 Hidden disease of the heart — ^Acute dilation of heart. 
 Death from chloroform administered by physi- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 93 
 
 cians preparatory to the performance of an ope- 
 ration, due to a hidden disease of the heart, is 
 death by "accident" within the meaning of an 
 accident insurance policy. 
 
 In an action on an accident policy, a prima facie 
 case of "death by accident" was made out, where 
 plaintiff showed that the insured was in apparent 
 good health up to the time that chloroform was 
 administered to him for the purpose of relieving 
 him from pain while undergoing an operation; 
 that he died while the. chloroform was being ad- 
 ministered ; that the immediate cause of death was 
 acute dilation of the heart caused by the admin- 
 istering of the chloroform, and that insured's dis- 
 eased condition did not contribute to his death 
 and had nothing to do with causing it. 
 
 The policy stipulated that the company would 
 not be liable if insured's death should be caused 
 "wholly or in part by bodily or mental infirmity 
 or disease." Held, that the language of the ex- 
 ception means nothing more than that an acci- 
 dent, and not bodily or mental infirmity, was the 
 proximate cause of death. 
 
 Beile v. Travelers' Protective Associa- 
 tion of America (St. Louis C. A., 
 Mo. App.), 
 155 Mo. App. 629 ; 135 S. W. Eep. 497 ; 
 40 Ins. Law Jour. 1028. 
 
 Bowling strained his side — ^Abdominal muscles injured 
 — ^Appendicitis. 
 
 The policy insured against loss of time from the 
 effect of "personal bodily injury caused solely 
 
94 READY REFEKENCE INSURANCE DIGEST 
 
 by external, violent and accidental means." The 
 insured, while bowling, strained his side, and his 
 physician found a tenderness of the muscles of the 
 front and back of the abdomen on the right side, 
 which could be ascertained by the touch ; and in a 
 few days the insured developed appendicitis, 
 caused directly by the irregular working of the 
 muscles and parts of the body around the abdom- 
 inal region, which resulted from the strain, and 
 insured was disabled from work for four months. 
 Held, that such a strain was not an accidental 
 strain, and although it produced an unintentional 
 result and consequent injury, there could be no 
 recovery under a policy insuring against injuries 
 resulting from accidental means. 
 
 Lehman v. Great Western Accident Asso- 
 ciation (Iowa S. C), 
 155 Iowa 737; 133 N. W. Eep. 752; 42 
 L. R. A. (N. S.) 562; 41 Ins. Law 
 Jour. 562. 
 
 Fall from train — Loss of sight — Cataract. 
 
 Insured lost his eye-sight as the result of an in- 
 jury caused by falling from a train. There was 
 evidence that the fall merely hastened the loss 
 of sight, which would have ultimately been de- 
 stroyed because of a cataract, had the fall not oc- 
 curred. Held, that there could be no recovery 
 where the loss of sight was caused by accident- 
 ally falling from a train, where such fall did not, 
 independently of all other causes, cause the loss 
 of sight, such fall having merely hastened the loss, 
 
, ACCIDENT, defined; DISEASE DISTINGUISHED 95 
 
 which would have ultimately occurred because of 
 the cataract. 
 
 Penn v. Standard Life S Accident In- 
 surance Company (N. C. S. C.) 
 158 N. C. 29 ; 73 S. E. Eep. 99 ; 42 L. R. 
 A. (N. S.) 593; 41 Ins. Law Jour. 
 550. 
 
 Insured's petition for rehearing denied: 
 Where an accident caused a diseased condition, 
 which, together with the accident, resulted in in- 
 jury or death complained of, the accident was the 
 sole cause within an accident policy insuring 
 against bodily injuries effected directly and inde- 
 pendently of aU other causes. 
 
 Where, at the time of the accident, insured was 
 suffering from some disease which had no casual 
 connection with the injury or death resulting from 
 the accident, the accident was the sole cause with- 
 in the accident policy. 
 
 Where, at the time of the accident to insured, 
 there was an existing disease, which, co-operating 
 with the accident, resulted in injury or death, the 
 accident was not the sole cause or the cause inde- 
 pendent of all other causes within the pohcy. 
 
 Penn v. Standard Life S Accident Insur- 
 ance Company, 
 160 N. C. 399; 76 S. E. Eep. 262; 42 L. 
 R. A. (N. S.) 597; 42 Ins. Law Jour. 
 145. 
 
96 READY REFEREWCE INSURANCE DIGEST 
 
 Fall while exting^uishing fire — Leg injured — ^Leg ampu- 
 tated — Prior injury and lameness. 
 
 The insured claimed that he sustained injuries 
 to his leg from a fall while attempting to extin- 
 guish a fire, which necessitated amputation of his 
 leg, and introduced evidence to sustain the claim. 
 The company introduced testimony to the effect 
 that insured was lame prior to the accident, and 
 that the amputation was made necessary by rea- 
 son of a prior injury. Held, that since there was 
 some evidence from which the jury might have 
 found that the injury resulting in the loss of 
 plaintiff's leg was due to some other cause than 
 the injury received while trying to extinguish the 
 fire, the Court properly submitted this disputed 
 question of fact to the jury. (Judgment affirmed 
 against company.) 
 
 Aetna Life Insurance Company v. Crab- 
 tree (Ky. C. A.), 
 146 Ky. 368 ; 142 S.W. Eep. 690 ; 41 Ins. 
 Law Jour. 555. 
 
 Splashing of water from washtub — ^Inflammation of eye 
 
 due to gonorrhea — Gonorrhea caused by gonorrheal 
 germs — ^Loss of sight. 
 
 Under a policy indemnifying against loss of 
 sight of an eye by accident, an inflammation of the 
 eye caused by the splashing of water from a wash- 
 tub, in which insured was washing clothing, re- 
 sulting in the loss of the eye, was accidental. 
 
 Insured testified that water was accidentally 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 97 
 
 splashed into her eye while doing her family 
 washing with a washtub and washboard ; that the 
 eye gave her immediate pain; that it became in- 
 flamed, and that, as a result, her sight was de- 
 stroyed. The physician who attended insured 
 testified that the loss of sight was caused by in- 
 flammation due to gonorrhea, which could have 
 been caused only by gonorrheal germs being 
 brought in contact with the eye. 
 
 Sullivan v. Modern Brotherhood of 
 America, (Mich. S. C), 
 167 Mich. 524; 133 N. W. Eep. 486; 42 
 L. R. A. (N. S.) 140; Ann. Cas 1913a, 
 1116 ; 41 Ins. Law Jour. 286. 
 
 Ptomaine poisoning — Entero-colitis. 
 
 When insured joined the order the constitution 
 provided that payment of indemnity for injuries 
 through external, violent and accidental means 
 should not extend "to any bodily injury of which 
 there shaU be no external and visible sign." By 
 the amendments the definition of "external, vio- 
 lent and accidental means" was further particu- 
 larized so as to exclude "any death, disability or 
 loss, resulting from infection, excepting where the 
 same results from an open wound," and "any 
 death, disability or loss, of which there shall be 
 no external and visible mark on the body (the 
 dead body not being such mark except in case of 
 drowning or asphyxiation)," Held, that the by- 
 law was binding, and there could be no recovery 
 for death resulting from entero-colitis, resulting 
 
98 BEADY EBFEEESrCE INSUKANCE DIGEST 
 
 from ptomaine poisoning, there being no external 
 or visible mark on the body. 
 
 Order of United Commercial Travelers 
 of America v. Smith (U. S. C. C. A., 
 7th Cir.), Wisconsin), 
 192 Fed. Rep. 102; 112 C. C. A. 442; 
 41 Ins. Law Jour. 779. 
 
 Struck by boom of sail — Leg broken in three places — 
 Chloroform administered to set leg — ^Arterio- 
 sclerosis. 
 
 Insured was struck by the boom of a sail, which 
 resulted in the breaking of his leg in three places. 
 Because of the swollen condition of the limb, at 
 the time the physicians arrived, it was necessary 
 to put it in a temporary splint. Two weeks later, 
 the temporary splint was removed and the leg was 
 permanently set. Chloroform was used as an 
 anaesthetic. Insured was examined before the 
 chloroform was administered and nothing ab- 
 normal was noticed. Two hours after this, and 
 immediately after he had raised himself up in his 
 bed for the purpose of taking nourishment, in- 
 sured died. Physicians testifying in behalf of the 
 beneficiary stated the the pain and suffering fol- 
 lowing the accident was the cause cd insured's 
 death, and that had it not been for the accident 
 he would not, in their opinion, have died. Phy- 
 sicians testifying for the company stated that 
 arterio sclerosis caused his death, and that an 
 autopsy showed that he was afflicted with sclerosis 
 of at least two years' standing. Rebutting this 
 was the testimony of a physician who, two years 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 99 
 
 previous, had examined deceased for life insur- 
 ance and found him at that time to have been 
 physically sound. Company held liable. 
 
 Standard Accident S Life Insurance 
 Company v. Wood (Md. C. A.), 
 116 Md. 575; 82 Atl. Kep. 702; 41 Ins. 
 Law Jour. 1105. 
 
 Illness — Fall on floor — Head injured, neck and 
 shoulder bruised, and arm cut. 
 
 The policy indemnified against injury or death 
 caused by external, violent and accidental means. 
 The evidence showed that insured had been ill for 
 some time ; that on the day preceding his death he 
 was alone in his room and was heard to fall to the 
 floor. Members of the family immediately went 
 to him and had him placed in his bed. He com- 
 plained of pain in the back of his head, and it was 
 noted that his neck and shoulders had been 
 bruised and a mark or cut was discovered on his 
 arm. His death resulted shortly after he experi- 
 enced the fall. Held, that there was sufficient 
 evidence that insured's death was occasioned 
 through accident to entitle plaintiff to have her 
 case submitted to the jury. 
 
 (Order granting plaintiff's motion for new trial 
 below. Here affirmed against company.) 
 
 McEwen v. Occidental Life Ins. Company 
 (Calif. D. C. A.), 
 20 CaUf. App. 477; 129 Pac. 598; 42 
 Ins. Law Jour. 274. 
 
100 EEADY REFERENCE INSURANCE DIGEST 
 
 Judgment of trial court, in favor of company, 
 affirmed as follows : 
 
 Insured had been confined to his home with a 
 serious illness for several days. His condition 
 was such that he required the constant nursing 
 of his wife and daughter. On the night of his 
 fall his daughter was taking care of him. During 
 the night insured wished to go to the bathroom. 
 He arose from a recumbent position and sat 
 upon the edge of the bed with his feet upon the 
 floor. While his daughter was out of the room 
 to call the mother the insured fell. On their re- 
 turn to the room he was found with his head 
 doubled under his shoulder. He was unconscious 
 He died about twenty-four hours afterwards. 
 There was medical testimony to the effect that 
 while it was possible that a man might die from 
 such a fall it was improbable, the fall being of 
 insufficient force to break any bones. The only 
 evidence of injury was on the surface. No post- 
 mortem was performed. Held, that under the 
 evidence the Court was warranted in concluding 
 that there was no sufficient showing to support 
 the burden of proof which was upon the plaintiff. 
 McEwen v. Occidental Life Insurance 
 Company (Cal. S. C), 
 172 Cal. 6; 155 Pac. Eep. 86; 47 Ins. 
 Law Jour. 594. 
 
 Pall — Back injured — ^Ascending paralysis. 
 
 The policy insured against bodily injury "caus- 
 ing at once total and continuous disability to en- 
 
15. 
 
 X 
 ACCIDENT, defined; DISEASE DISTINGUISHED 101' 
 
 gage in any labor or occupation," and against 
 death resulting "necessarily and solely from such 
 injury." Insured was a blacksmith employed in 
 the machine shops of a railroad company. While 
 indulging in some rough play with his fellow 
 workmen, he kicked at one of his playmates, who 
 grabbed his foot and jerked it in such a way as to 
 throw him on his back. Insured claimed that the 
 fall hurt his back and he was unable to work that 
 afternoon. After the faU he reported for duty 
 on eight consecutive days and received full pay 
 therefor. However, the evidence shows that he 
 complained of severe pain in his back during all 
 this time and made only a pretense of working, 
 and that his fellow blacksmiths did his work. 
 Two days after the fall he went to a physician who 
 found a discoloration of the skin on the back. 
 About a month later insured was treated by a 
 physician in another town, who diagnosed his case 
 as malaria. A few days later he was admitted 
 to a railroad hospital and was found to be afflict- 
 ed with slowly ascending paralysis, a disease that 
 first manifests itself in the extremities and as- 
 cends until it reaches the vital organs, when death 
 ensues. Insured died at this hospital forty- 
 three days after the accident. Prior to his in- 
 jury he was a strong and healthy man and was 
 not infected with any disease that could cause 
 paralysis. Held, that the evidence was sufficient 
 to sustain the fiinding of the jury that the injury 
 received by insured was the cause of his death, 
 and that such injury resulted in total and con- 
 
102 EEADY EEFERENCE INSURANCE DIGEST 
 
 tinuoiis inability to engage in work or labor of any- 
 kind. 
 
 Crotty V. Continental Casualty Company 
 (Kansas City C. A.), 
 163 Mo. App. 628; 146 S. W. Eep. 833; 
 41 Ins. Law Jour. 1120. 
 
 Abrasion or wound on cheek — Infectious disease. 
 
 The policy insured against death solely by ex- 
 ternal, violent and accidental means. The at- 
 tending physician of the assured testified to the 
 discovery of the abrasion of the skin upon the 
 cheek, and to his opinion that the disease from 
 which the assured died was wholly infectious, 
 and could not have resulted, except through 
 some wound or abrasion of the skin. He also tes- 
 tified that it made its first appearance at the edges 
 of the alleged wound, and that in his opinion it 
 resulted solely from the infection of such wound. 
 This testimony was corroborated by other medi- 
 cal testimony. Held, that this evidence was suffi- 
 cient to sustain a finding that the death of the as- 
 sured was the proximate result of the wound or 
 abrasion referred to. 
 
 Proof of the appearance of a wound on in- 
 sured's face was sufficient to support a finding 
 that the cause of such wound was violent and ex- 
 ternal, and in the absence of direct evidence as to 
 whether the wound was received through acciden- 
 tal means, the presumption arises that such 
 wound was not intentionally inflicted either by 
 the assured or by another. The presumption is 
 available to the plaintiff in an action on an acci- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 103 
 
 dent policy as affirmative evidence, and the jury 
 may draw therefrom an inference of fact that the 
 wound was caused by accidental means. 
 
 Caldwell v. Iowa State Traveling Men's 
 Association (Iowa S. C), 
 156 Iowa 327; 136 N. W. Rep. 678; 41 
 Ins. Law Jour. 1375. 
 
 Fall in street car — ^Rupturing blood vessel — ^Apoplexy. 
 
 Although an insured under an accident policy 
 is fatally diseased and is so afflicted that he will 
 die from such affliction within a few hours, yet, if 
 by some accidental means his death is sooner 
 caused, it would be death by accident. 
 
 In this case, plaintiff seeks to recover on a pol- 
 icy of accident insurance on the theory that the 
 insured, her husband, accidentally fell in a street 
 car, thereby rupturing a blood vessel in his brain. 
 The company insists that there was no accident, 
 but that insured was suddenly stricken with apo- 
 plexy, whereby he ^ank to the floor of the car, 
 and thereafter died from natural cause. After 
 insured was carried into his house, and about 
 thirty minutes after he fell, he complained of his 
 arm hurting him, and stated that he fell to the 
 floor of the car and hurt his arm. 
 
 (Judgment for company below, was here re- 
 versed.) 
 
 Hooper v. Standard Life and Accident 
 Insurance Company (Kansas City 
 C. A.), 
 166 Mo. App. 209; 148 S. W. Eep. 116; 
 44 Ins. Law Jour. 1527. 
 
104 KEADY REFERENCE INSURANCE DIGEST 
 
 Incomplete combustion in garbage incinerator — Car- 
 Carbon monoxide poisoning — ^Myocarditis. 
 
 The policy insured against death resulting di- 
 rectly and independently of all other causes 
 from bodily injuries effected solely through ex- 
 ternal, violent, and accidental means. Insured 
 was 62 years of age, and apparently a strong, 
 healthy man. He was employed as general over- 
 seer of a large incinerator used for the destruc- 
 tion of garbage. Previous to its acceptance the 
 incinerator was tested. In the course of the test 
 the dampers were closed for a period, causing an 
 imperfect combustion and causing smoke to es- 
 cape into the room where insured was working. 
 At the time insured complained of this smoke. It 
 was shown by a chemist that smoke always indi- 
 cates an incomplete combustion, and that in in- 
 complete combustion there is always carbon mon- 
 oxide, a poisonous gas. A physician testified that 
 in his opinion insured's death had been caused 
 by gas poison. Another physician, who made the 
 autopsy, testified that death was due to myocar- 
 ditis. Held, that there was sufficient evidence to 
 warrant the finding that insured had died from 
 accidental poison. 
 
 Potter V. Aetna Life Insurance Company 
 
 (Wash. S. C), 
 71 Wash. 374; 128 Pac. Eep. 647; 42 
 
 Ins. Law Jour. 460. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 105 
 
 Fall — Struck iron handle on wagon seat — Duodenum 
 or pancreas ruptured. 
 
 The policy insured against "bodily injuries sus- 
 tained through accidental means resulting di- 
 rectly, independently and exclusively of all other 
 causes in death." Held, that where the insured 
 sustained an injury, and such injury by aggravat- 
 ing a disease accelerated his death, then such 
 death resulted directly, independently, and exclu- 
 sively of all other causes within the meaning of 
 the policy. In other* words, if death would not 
 have occurred when it did but for the injury 
 resulting from the accident it was the direct, inde- 
 pendent and exclusive «aiise of death at that 
 time, even though death was hastened by the dis- 
 eased condition. Evidence held to support a find- 
 ing that a rupture of the duodenum or pancreas 
 which caused the death was caused by falling and 
 striking an iron handhold on a wagon. 
 
 Fidelity and Casualty Company v. Meyer 
 
 (Ark. S. C), 
 106 Ark. 91; 152 S. W. Eep. 995; 44 L. 
 
 R. A. (N. S.) 493; 42 Ins. Law Jour. 
 
 549. 
 
 Suicide — Sudden insane impulse — Permanent insanity 
 — Infirmity. 
 
 Policy contained a provision for non-liability 
 for disability or death resulting from accidental 
 injury "if the occasion of the accident be bodily 
 or mental infirmity." Insured in his relations 
 with his wife disclosed brutal and fiendish charac- 
 teristics. He was of an intense and emotional 
 
106 READY REFERENCE INSURANCE DIGEST 
 
 temperament, alternately profuse with terms of 
 endearment and savage in vituperation. He was 
 cruel to his mfe and accused and cursed her and 
 threatened repeatedly to beat her and often 
 quickly repented. He frequently threatened to 
 kill her and injured her seriously at various times. 
 On one or two occasions his wife left him, but re- 
 turned again. Finally she sued him for divorce. 
 He followed her to her home and tried to induce 
 her to return, and upon her refusal he drew a 
 revolver and shot her twice through the body, and 
 then turned the revolver upon himself and took 
 his own life. There was expert testimony to the 
 effect that insured was of unsound mind and had 
 been so for some time. Held, that the finding 
 that insured's death was occasioned by a sudden 
 insane impulse and therefore accidental was not 
 sustained by the evidence, but that such evidence 
 showed that his insanity was of a permanent 
 character and therefore an "infirmity and his 
 death not covered by the policy. 
 
 Layton v. Interstate Business Men's Ac- 
 cident Association (Iowa S. C), 
 158 Iowa 356; 139 N. W. Eep. 463; 42 
 Ins. Law Jour. 458. 
 
 Wrench or blow to side of abdomen — Pancreatitis. 
 
 While riding in a street car one of the axles. of 
 the car broke and let the body of the car down. 
 When the accident occurred the car swayed vio- 
 lently from side to side. Insured caught the bot- 
 tom of the seat with his hand but was thrown by 
 the oscillation of the car into the aisle and then in 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 107 
 
 another movement of the car was thrown violently 
 on the back of the seat on which he had been 
 seated. The side of his abdomen received a blow 
 from the seat. Within a short time afterward in- 
 sured suffered from pancreatitis. Several physi- 
 cians testified that pancreatitis could be induced 
 by a blow or a wrench. The Court instructed the 
 jury that if they believed from the evidence that 
 at the time of the breaking down of the car insured 
 sustained a wrench or blow, and that such wrench 
 or blow, if any, alone caused his death, they 
 should find for the plaintiff. Held, that there was 
 sufficient evidence that insured's death was due 
 to a wrench, etc. (Company liable.) 
 
 Travelers' Insurance Company v. Davies 
 
 (Ky. C. A.), 
 152 Ky. 600; 153 S. W. Eep. 856; 42 
 
 Ins. Law Jour. 849. 
 
 Fall from wagon — Inflammation of liver. 
 
 One of insured's employes testified that he had 
 seen insured fall from a wagon. Insured's wife 
 testified that the fall brought on his sickness. A 
 physician who attended insured testified that he 
 found him suffering from an acute inflammation 
 of the liver, which seemed to have been caused by 
 some external injury. Held, that the evidence 
 sustained the finding that insured's death was 
 caused by inflammation produced by a fall. 
 
 Huguenin v. Continental Casualty Com- 
 pany (S. C. S. C), 
 94 S. C. 138; 77 S. E. Eep. 751 ; 42 Ins. 
 Law Jour. 850. 
 
108 READY REFERENCE INSITRANCE DIGEST 
 
 Fall on floor — Hemorrhage from ear and nose — ^Frac- 
 ture at base of skull — ^Apoplexy. 
 
 Insured was a robust man and apparently free 
 from any disease or ailment, of simple habits and 
 indulging in no excesses in eating, drinking or 
 smoking. At about 8 o'clock one morning insured 
 arose from his bed and went to the bathroom to 
 shave and take his bath. He was absent from the 
 bedroom about thirty minutes. Upon returning 
 to the bedroom, and while in the act of seating 
 himself on a stool it slipped from him and he fell 
 back on the floor. Upon getting up he went over 
 to the bed in which his wife was lying, sat down 
 on the side of it, and reached around for his wife 
 who was back of him. She then saw that he was 
 hurt. She arose, grabbing hold of him when his 
 head fell back on her shoulder, and laid him down 
 on the bed and called for help. As she laid him 
 down she saw blood oozing out of his right ear 
 and nose. Physicians called by the plaintiff tes- 
 tified that in their judgment insured's death re- 
 sulted from a hemorrhage caused by a fracture at 
 the base of the skull. There was testimony on be- 
 half of the defendant that insured's death was 
 caused by apoplexy. Held, that the evidence sub- 
 mitted was sufficient to sustain a verdict that in- 
 sured's death was caused by external injuries re- 
 sulting from a fall. 
 
 Goode's V. Order of United Commercial 
 
 Travelers of America (St. Louis C. 
 
 A.), 
 174 Mo. App. 330; 156 S. W. 995; 42 
 
 Ins. Law Jour. 1206. 
 
ACCIDENT, DEFINED ; DISEASE DISTINGUISHED 109 
 
 Struck knee — Knee swelled — Effusion of water and 
 serum removed — Blood poisoning — Bright 's disease. 
 
 The policy insured against death resulting from 
 external, violent and accidental means. While 
 working with a team insured was accidentally 
 struck on his knee. The knee commenced to swell 
 and he obtained treatment from a physician who 
 relieved the injured part by removing an effusion 
 of water and serum. Not obtaining satisfactory 
 relief from the treatment' the bandage was re- 
 moved and a milder dressing applied. Two days 
 later insured became confined to his bed, from 
 which he never arose, and died about a month 
 later. It is claimed by the company that the 
 death was due to Bright 's disease, while evidence 
 was olSFered on behalf of plaintiff that death re- 
 sulted from blood poisoning caused by injury to 
 the knee. 
 
 After instructing the jury on plaintiff's theory, 
 the Court continued: "If on the other hand you 
 find from the evidence that the insured received 
 a bodily injury through external, violent and acci- 
 dental means, and that a disease commonly known 
 as Bright 's disease or blood poisoning resulted 
 and was brought about by said injury, and that 
 said disease so resulted from the injury, if you 
 find it did so result, contribute to, or hasten the 
 death of said insured, that would be such a dis- 
 ease or bodily infirmity as would prevent recov- 
 
110 READY REFERENCE INSURANCE DIGEST 
 
 ery." Held, that the instruction given properly 
 submitted the question to the jury. 
 
 Rathjen v. Woodmen Accident Associa- 
 tion (Neb. S. C), 
 93 Neb. 629; 141 N. W. 815; 42 Ins. 
 Law Jour. 1205. 
 
 Delirious from typhoid fever — Found on ground under 
 window — Fell or jumped from window — ^Uncon- 
 scious. 
 
 Insured, while delirious from typhoid fever, 
 was left in a room containing a single window, 
 which was covered by a screen. Outside of the 
 window was a balcony. He was left alone mo- 
 mentarily, and upon the return of the attendant 
 it was found that the room was vacant and the 
 screen was torn from the window, and that the in- 
 sured was on the ground under the window, un- 
 conscious, with severe injuries, which, according 
 to physicians, probably would have caused his 
 death, even if he had not been suffering from ty- 
 phoid fever. Held, that the words "accidental 
 means," as used in the policy, signified a happen- 
 ing unexpectedly without intention or design, and 
 it could not be said as a matter of law that in- 
 sured's injuries did not result from accidental 
 means. 
 
 Also, it could not be said as a matter of law 
 that his death was not effected "directly and in- 
 dependently of all other causes" through acci- 
 dental means. The disease may have been simply 
 a condition and not a moving cause of the fatal 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 111 
 
 injuries. Whether or not death under such cir- 
 cumstances results directly and independently 
 from the accident, is a question of fact. 
 
 Bohdker v. Travelers' Insurance Com- 
 pany (Mass. S. J. C), 
 215 Mass. 32; 102 N. E. Eep. 342; 46 
 L. E. A. (N. S.) 543; 42 Ins. Law 
 Jour. 1366. 
 
 Asphyxiation — ^Apoplexy. 
 
 The insured was foUnd dead in his bath-room. 
 The policy insured "against bodily injuries sus- 
 tained through accidental means (excluding sui- 
 cide, sane or insane, or any attempt thereat, sane 
 or insane) and resulting directly therefrom inde- 
 pendently and exclusively of all other causes." 
 In an action on the policy the testimony on behalf 
 of the plaintiff tended to show that insured's 
 death was by accidental asphyxiation. There 
 was testimony on behalf of the company tending 
 to show that death was due to apoplexy, preceding 
 the asphyxiation. Held, that under the evidence 
 it was proper for the Court to submit to the jury 
 the question of what caused the insured's death; 
 and the judgment for plaintiff was affirmed. 
 
 Columbian National Life Insurance Com- 
 pany V. Miller (Ga. S. C), 
 140 Ga. 346; 78 S. E. Eep. 1079; Ann. 
 Cas. 1914-D, 408; 42 Ins. Law Jour. 
 1545. 
 
112 READY EEFEKENCE INSURANCE DIGEST 
 
 Pall — Struck chest on post — ^Pulmonary hemorrhage. 
 
 Evidence that insured fell striking his chest 
 across a post which produced a mark on his chest 
 and that he died of a pulmonary hemorrhage was 
 sufficient to sustain a finding of the jury that his 
 death resulted solely from accidental, external, 
 and violent means. 
 
 Franklin v. Continental Casualty Com- 
 pany (111. App.), 
 184 111. App. 259; 47 Nat'l Corp'n Rep. 
 446. 
 
 Fall — Hip bruised — Stomach and side injured — 
 Aperture in colon, etc. — ^Infection — Peritonitis. 
 
 Insured suffered a fall by which he sustained a 
 severe bruise on his hip. At the end of the first 
 month after said injury insured was much better. 
 Thereafter, however, he began to suffer pains in 
 his stomach and side and was not able to do any 
 work. About six weeks after the injury he com- 
 plained of feeling ill, and one morning was found 
 dead in bed. An autopsy was performed, disclos- 
 ing an aperture in the transverse colon. Through 
 this, matter passed into the peritoneum, causing 
 infection or poisoning, resulting in peritonitis, 
 which caused his death. The autopsy disclosed 
 that the trouble had existed for some weeks. 
 Held, That this evidence warranted the finding of 
 the jury that the fall had caused the injury to the 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 113 
 
 colon and that such injury was responsible for 
 insured's death. 
 
 Pacific Mutual Life Insurance Company 
 V. McCahe (Ky. C. A.), 
 157 Ky. 270; 162 S. W. Eep. 1130; 43 
 Ins. Law Jour. 507. 
 
 Fall upon floor — ^Arm, face and head injured — 
 Paralysis. 
 
 Insured tripped and fell upon the floor injuring 
 his arm, face and head. At first he resumed his 
 work, but soon after was compelled to go home, 
 where he was confined to his bed for an extended 
 period, being partially paralyzed. There was no 
 evidence to show that he was suffering from ill- 
 ness at the time of the fall. Held, That the 
 verdict of the jury to the effect that the disability 
 from which insured suffered was the result of the 
 accident and not of disease, was sustained by the 
 evidence. 
 
 Zeitler v. National Casualty Company 
 (Minn. S. C), 
 124 Minn. 478; 145 N. W. Eep. 395; 
 43 Ins. Law Jour. 522. 
 
 Hip injured on train — ^Abscess on hip — Fistulous tract 
 — Tubercular abscess. 
 
 Insured claimed to have received an injury to 
 his hip while on a train. As he stepped frona the 
 train he met his physician and told him of the 
 injury and made an appointment for the follow- 
 ing day. Upon calling at the physician's office a 
 
114 READY KEFEBEHCE INSXJEANCE DIGEST 
 
 soft place was found on his hip which was opened. 
 Two days later an operation was performed at 
 which time the abscess was curetted. Between 
 the two examinations the soft place had enlarged 
 from the size of a quarter to the size of a dollar 
 and the operation developed that there was a 
 fistulous tract about three inches long. The 
 physician who performed the operation testified 
 that the abscess was non-tubercular. A number 
 of physicians testified for the company to the 
 effect that it was of tubercular origin and could 
 not have been formed within the time following 
 the alleged injury. Held, that under this evidence 
 it was a question for the jury whether the 
 abscess was the result of disease or injury. The 
 judgment in favor of the plaintiff below was 
 affirmed against company. 
 
 General Accident, Life S Fire Assurance 
 
 Corporation v. Richardson (Ky. 
 
 C. A.), 
 157 Ky. 503; 163 S. W. Eep. 482; 44 
 
 Ins. Law Jour. 520. 
 
 Fall— Body in region of heart injured — Ruptured left 
 auricle of heart — Hardening of arteries — Arterio 
 sclerosis. 
 
 While going up the steps leading into his yard 
 insured accidentally slipped and fell with force 
 and violence, striking his body near the region of 
 the heart upon a large stone with such force as to 
 cause a rupture of the left auricle of his heart 
 from which he immediately died. Held, that the 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 115 
 
 condition of insured's heart and other organs of 
 his body may have more readily permitted a 
 rupture from a fall, it not having been shown that 
 death would have ensued at the time it did but for 
 the fall, the jury were warranted in finding that 
 the fall was the proximate cause of death. 
 
 The fact that a person of fifty or fifty-five years 
 of age would be likely to have a normal hardening 
 of the arteries in parts of the body which might 
 tend to bring about a rupture of the heart in case 
 of a violent accident of the kind which occurred in 
 the instant case, is not sufficient to show that the 
 accident was not the proximate cause of the death 
 of the assured. 
 
 Moon V. Order of United Commercial 
 
 Travelers of America (Neb. S. C), 
 96 Neb. 65; 146 N. W. Kep. 1037; 52 
 
 L. R. A. (N. S.) 1203; Ann. Cas. 
 
 1916-B, 222 ; 44 Ins. Law Jour. 81. 
 
 Stubbed toe against chair — Broke bone — Gangrene 
 developed, spreading over foot and leg — Amputation 
 — Diabetes. 
 
 Insured stubbed his toe against a chair break- 
 ing a bone after which gangrene developed, 
 spreading over part of the foot and leg, making 
 an operation imperative. Before the amputation, 
 it was found that insured was suffering from 
 diabetes. It was undisputed that the presence of 
 diabetes required the operation to be delayed and 
 that the gangrene was diabetic. The jury were 
 instructed that if the injury was the cause of the 
 
116 READY REFERENCE INSURANCE DIGEST 
 
 gangrenous condition there could be a recovery 
 even though the diabetic condition contributed to 
 the death. Held, that the instruction was errone- 
 ous. If the injury, concurring with pre-existing 
 disease, had caused the death there was no liabil- 
 ity under the accident policy, limiting disability 
 or death resulting solely from accidental injury 
 "independently of all other causes." 
 
 Maryland Casualty Company v. Morrow 
 (U. S. C. C. A., 3rd Cir., Pennsyl- 
 vania), 
 213 Fed. Eep. 599; 130 C. C. A. 179; 
 52 L. E. A. (N. S.) 1213 ; 44 Ins. Law 
 Jour. 301. 
 
 Witnessing fire — Excitement — Shock — Ruptured blood 
 vessel in brain — Apoplexy. 
 
 Death from the bursting of a blood vessel in the 
 brain, apoplexy, caused by insured's excitement 
 and shock due to the witnessing of a fire in which 
 a helpless man was burned to death, is the result 
 of an accident, and not from disease, within the 
 terms of an accident certificate. 
 
 International Travelers Association v. 
 Branum (Texas C. C. A.), 
 169 S. W. Eep. 389; 44 Ins. Law Jour. 
 580. 
 
 Inhalation of nasal douche — Germs drawn in middle 
 ear — Spinal meningitis. 
 
 A too violent inhalation of a nasal douche, by 
 which germs were drawn into the middle ear, 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 117 
 
 whence they penetrated into the brain, resulting 
 eventually in spinal meningitis and death, was not 
 an accident within the meaning of the policy 
 insuring against bodily injury effected through 
 external, violent and accidental means. 
 
 Smith V. Travelers' Insurance Company 
 
 (Mass. S. J. C), 
 219 Mass. 147; 106 N. E. Rep. 607; 
 
 L. R. A. 1915-B, 872; 44 Ins. Law 
 
 Jour. 695. 
 
 Lifting — Hernia. 
 
 Hernia caused by lifting is a "fortuitous 
 event" within the meaning of Washington Work- 
 men's Compensation Act, providing that the 
 words "injury" and "injured", as therein used, 
 refer only to such injuries as result from some 
 "fortuitous event." 
 
 Zappala v. Industrial Insurance Com- 
 pany (Wash. S. C), 
 144 Pac. Rep. 54. 
 
 Cramped position sawing board — Fell oirei — ^Ruptured 
 artery. 
 
 Insured on a hot day in a cramped position was 
 sawing upward on a board. While in the act of 
 doing this he fell over and died a few minutes 
 afterward. His appearance suggested, according 
 to the experts, who testified, that death was due to 
 
118 EEADY BEFEEENCB INSTJEANCE DIGEST 
 
 a ruptured artery. Held, that this evidence was 
 
 insufficient to show that death was due to accident. 
 
 Wright v. Order of United Commercial 
 
 Travelers of America (St. Louis 
 
 C. A.) 
 
 188 Mo. App. 457; 174 S. W. Eep. 833; 
 
 45 Ins. Law Jour. 765. 
 
 Fall on wet bathroom floor — Face bruised, hemorrhage 
 of nose, neck broken — Heart, lungs and brain dis- 
 eased by intoxicants. 
 
 Insured was found dead in the bathroom of a 
 hotel in which he was living. A shower bath in 
 the room was defective, and water leaking or 
 thrown frona same caused the floor to be very slick 
 and wet. Insured was lying on his face and head, 
 with the palm of one hand upon the floor, as it 
 would probably have been had he attempted to 
 catch himself to prevent falling. His face was 
 bruised and he had bled through his nose more 
 than a pint of blood. His neck was found broken. 
 The bleeding indicated that the heart was beating 
 after his fall. Insured had been a hard drinker, 
 and there was evidence to the eifect that his heart, 
 lungs and brain had become diseased from the use 
 of intoxicants. Held, that whether or not in- 
 sured's death was due to accident or to heart fail- 
 ure produced by disease, under the evidence, was 
 for the jury. Company held liable, as judgment 
 was affirmed against it. 
 
 Order of United Commercial Travelers 
 
 of America v. Simpson (Texas C. 
 
 C. A.), 
 177 S. W. Eep. 169; 46 Ins. Law Jour. 
 
 389. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 119 
 
 Kidneys diseased — Fall on sidewalk. 
 
 Where an old man, large and heavy, and suffer- 
 ing from an incurable chronic affection of the 
 kidneys, slipped and fell in a heap while endeavor- 
 ing to step down from a sidewalk into the street, 
 with the apparent intention of crossing the street 
 diagonally, and death resulted in a few days 
 thereafter, and there was no evidence that the 
 insurer was not fully aware of the physical condi- 
 tion of the assured, the insurer is not necessarily 
 relieved from liability upon its contract because 
 the death may only have been accelerated by the 
 fall; nor is the insurer relieved, even if the 
 chronic malady from which the insured suffered 
 may have contributed to cause the death; for, if 
 the fall was the sole proximate cause of the death, 
 it would be immaterial that the physical condition 
 of the insured aggravated his injury or hastened 
 his death. 
 
 Hall V. General Accident Assurance Cor- 
 poration, Limited, 
 16 Ga. App. 66; 85 S. E. Eep. 600; 46 
 Ins. Law Jour. 386. 
 
 Operation for appendicitis — Vomiting and coughing 
 burst stitches — Second operation for which anaes- 
 thetic was administered — Never recovered conscious- 
 ness. 
 
 Insured submitted to an operation for appendi- 
 citis and was progressing favorably when he 
 suffered a spell of vomiting and coughing which 
 bursted the stitches in the wound and caused it to 
 
120 READY REFERENCE INSURANCE DIGEST 
 
 open so as to allow the intestines to protrude. To 
 remedy this a further operation was performed 
 but insured never recovered consciousness from 
 the anaesthetic administered and died within the 
 course of a few hours. Held, that if the condition 
 necessitating the second operation could be con- 
 sidered as an accident it was not an accident 
 causing bodily injury and resulting directly, inde- 
 pendently and exclusively in death within the 
 meaning of the policy. The death which followed 
 was undeniably in some way contributed to, if not 
 exclusively, by the disease with which insured was 
 afflicted and the means taken for his relief. 
 
 Stokely v. Fidelity and Casualty Com- 
 pany (Ala. S. C), 
 193 Ala. 90; 69 So. Eep. 64; L. E. A. 
 (1915-E) 955 ; 46 Ins. Law Jour. 501. 
 
 Cut lip while shaying — Gash infected — Infection 
 spread to face and neck. 
 
 There being evidence to show that insured 
 received a cut on his lip while shaving or being 
 shaved ; that it became infected and that the infec- 
 tion spread from the gash to his entire face and 
 neck, and that death resulted from the infection, 
 the question as to whether or not insured's death 
 was due to external, violent and accidental means 
 was for the jury, and judgment for plaintiff was 
 affirmed against company. 
 
 'National Life and Accident Insurance 
 Company v. Singleton (Ala. S. C), 
 193 Ala. 84; 69 So. Rep. 80; 46 Ins. 
 Law Jour. 535. 
 
ACCIDEKT, defined; DI SEASE DISTINGUISHED 121 
 
 Fall — Side, hip and region of heart injured — autopsy 
 disclosed congestion and inflammation of pericardial 
 sac, and slit or rupture of muscles of heart — Blood 
 poisoning. 
 
 If an accident causes blood poisoning either 
 external or internal, and the blood poisoning 
 causes death, the death results "directly from the 
 accident. ' ' 
 
 Insured sustained a severe fall. From that 
 time until his death a few days later he com- 
 plained of pain in his left side. There was a black 
 and blue spot in the region of the heart and one 
 on t]ie hip. Some time after his death an autopsy 
 was performed at the instance of the plaintiff, at 
 which time it was found that there was more or 
 less congestion and inflammation all the way up to 
 the pericardial sac. A small quantity of watery 
 blood was found in the sac and on the surface of 
 the left ventricle a slit or rupture of the muscles. 
 A second autopsy was performed a few days later 
 by representatives of defendant, whose physicians 
 say that the cut into the heart muscles was over 
 three inches long. There was no evidence tending 
 to show that the heart wound may have been 
 caused by the embahner's trocar. The evidence 
 was that this instrument had been inserted from 
 the right side. Held, that under the evidence 
 whether or not death of the insured was due to 
 accidental causes was a question for the jury, and 
 the judgment in favor of plaintiff below was 
 affirmed against company. 
 
 Thompson v. Columbian National Life 
 Insurance Company, 
 114 Me. 1 ; 95 Atl. Eep. 229. 
 
122 READY EEFERENCE INSURANCE DIGEST - 
 
 Pall — Hernia. 
 
 Where hernia was produced by fall, and the 
 policy excepted disability "as the result of, or in 
 consequence of hernia," it was Held that the 
 clause had reference to hernia as the accidental 
 cause of the disability; it did not relieve the in- 
 surer from liability where the hernia was a con- 
 sequence of an active cause. That the exception 
 was open to two constructions, viz.: That it 
 excluded liability for death or disability caused 
 directly or indirectly by hernia which might arise 
 from internal causes; and that it exempted in- 
 surer from liability when the hernia was a conse- 
 quence of external causes due to accident. Being 
 open to two constructions, the first being more 
 favorable to the assured should be adopted. 
 
 Berry v.. United Commercial Travelers 
 
 of America (Iowa S. C), 
 172 Iowa 429; 154 N. W. Rep. 598; 
 
 L. R. A. 191 6-B, 617; Ann. Cas. 
 
 1918- A, 706; 47 Ins. Law Jour. 101. 
 
 Strain — Accidental. 
 
 The policy provided that if the assured should 
 be disabled "by rheumatism, tuberculosis, * * * 
 strains, * * * then the company will pay the 
 assured $50 per month," etc. Held, that this pro- 
 vision for indemnity had no application to an 
 injury causing the death of assured, and the com- 
 pany in event of death arising from an accidental 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 123 
 
 strain was liable for the principal sum named in 
 the policy. 
 
 Massachusetts Bonding S Insurance 
 Company v. Duncan (Ky. C. A.), 
 166 Ky. 515; 179 S. W. Rep. 472; 47 
 Ins. Law Jour. 108. 
 
 Cold plunge bath — Shock — Dilation of heart. 
 
 Dilation of the heart, caused by taking a cold 
 plunge bath, is properly characterized as effected 
 by accidental means, especially since insured was 
 an apparently healthy and vigorous man of mili- 
 tary activities, accustomed to such baths, and had 
 never previously experienced any bad effects 
 therefrom. 
 
 New Amsterdam Casualty Company v. 
 Johnson (Ohio App.), 
 1 Ohio App. 22; 34 Ohio Cir. Ct. Rep. 
 76. 
 
 Reversed, as follows: 
 
 Where an insured holding an accident policy 
 indemnifying him against bodily injuries which, 
 independent of all other causes, are effected solely 
 and exclusively by external, violent and accidental 
 means, suffers an injury due to dilation of the 
 heart following the voluntary taking of a cold- 
 water bath, it will not be considered as the result 
 of an accident, where, under the circumstances 
 attending the dilation, there is no evidence that 
 anything occurred which the insured had not 
 
124 READY EEFEKENCB INSUEANCE DIGEST 
 
 planned or anticipated, excepting the dilation and 
 its consequences. 
 
 New Amsterdam Casualty Company v. 
 Johnson, Admx., 
 91 Ohio St. 155; 60 Bull. Supp. 136; 
 L. E. A., 1915-D, 358; L. E. A., 
 1916-B, 1018; 110 N. E. Eep. 475; 47 
 Ins. Law Jour. 220. 
 
 Fall — Side injured — Surgical operation — ^Appendicitis 
 — ^Peritonitis. 
 
 In an action on a policy of accident insurance 
 the company in its affidavit of defense alleged that 
 death resulted from peritonitis several months 
 after an alleged accident, and that the peritonitis 
 did not result from the injury complained of. 
 Held, that peritonitis is not an injury, but a dis- 
 ease. While it may he caused by an injury, it may 
 come from other causes, and it being denied in 
 the affidavit of defense that it was caused by the 
 alleged injury the affidavit 6(f defense was suffici- 
 ent. The rule for judgment for want of sufficient 
 affidavit of defense is discharged. 
 
 Jones V. Commonwealth Casualty Com- 
 pany (Allegheny Co. C. P.), 
 63 Pittsburgh Legal Jour. 729. 
 
 See following: 
 
 Insured accidentally slipped and injured his 
 left side. Two days later he was again injured on 
 the same side by a second fall. Immediately fol- 
 lowing the accident he complained of pain and 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 125 
 
 was unable to take food. Some three weeks after 
 the accident, owing to inability of physicians to 
 determine the exact cause of his suffering, an 
 exploratory operation was performed and a thor- 
 ough examination made without discovering the 
 existence of abnormal conditions at the time 
 except a smaU fibrous band attached to the peri- 
 toneum at one end and the descending colon at the 
 other. This band was severed and an incision 
 made on the right side and the appendix, which 
 was found to be in a chronic condition, removed. 
 No evidence of peritonitis was discovered at the 
 time. That disease, however, developed 24 hours 
 later and the patient died therefrom the following 
 day. A post mortem showed inflammation to be 
 localized on the left side at the point where the 
 fibrous band was discovered, which was also the 
 point where the deceased was injured when he 
 sustained the fall. Held, that the evidence was 
 sufficient to take the case to the jury on the ques- 
 tion of whether or not the peritonitis was the 
 result of the injury complained of. 
 
 Even if the peritonitis was due to the operation, 
 the operation having been made necessary by the 
 injury, the injury is to be considered as the proxi- 
 mate cause of the resulting death. 
 
 Jones V. Commonwealth Casualty Com- 
 pany (Pa. S. C), 
 225 Pa. 566; 100 Atl. Rep. 400; 49 Ins. 
 Law Jour. 837. 
 
126 EEADY EEFEKENCE INSURANCE DIGEST 
 
 Fatty degeneration of heart. 
 
 Death from fatty degeneration of the heart is 
 not due to "external, violent and accidental 
 means." 
 
 Martin v. Illinois Commercial Men's 
 Association (111. App.), 
 195 111. App. 421 ; 51 Nat'l Corp'n Rep. 
 737. 
 
 Fall — Stomach injured — Hemorrhage from peritoneal 
 cavity — ^Hemorrhage from cancer — Cancer. 
 
 The policy insured against death ' ' from bodily 
 injuries effected directly and independently of all 
 other causes through external, violent and acci- 
 dental means." Insured's death was immediately 
 caused by a hemorrhage. The plaintiff claims 
 that it was caused by an accidental injury previ- 
 ously received, while the company claims that it 
 was of cancerous origin. One month preceding 
 her death insured fell through a trap door into a 
 cellar. An autopsy was performed. Two physi- 
 cians testifying for the company stated that the 
 hemorrhage came from cancer. On behalf of 
 plaintiff there was testimony that it came from 
 the lesser peritoneal cavity through a perforation 
 of the posterior wall of the stomach, not within- 
 the cancerous area, and, in the opinion of the 
 physician so testifying had come from the injury. 
 While at the hospital following the accident in- 
 sured had peritoneal trouble and subsequently 
 while in the hospital suffered from same and 
 vomited. Held, that the evidence justified a find- 
 
ACCIDENT, DEEINED; DISEASE DISTINGUISHED 127 
 
 ing by the jury that the hemorrhage came as the 
 result of an injury, and that it was error for the 
 Court to grant a motion for judgment notwith- 
 standing the verdict. 
 
 Ashelby v. Travelers' Insurance Com- 
 pany (Minn. S. C), 
 131 Minn. 144; 154 N. W. Rep. 946; 47 
 Ins. Law Jour. 212. 
 
 Freezing. 
 
 Disability due to freezing is not in itself the 
 result of an accident. 
 
 Lenarick v. National Casualty Company, 
 (St. Louis Co., Minn., Dist. Ct.), 
 45 Ins. Law Jour. 71. 
 
 Pall — Head wounded — Meningitis — Oerebro spinal 
 meningitis. 
 
 On hearing a fall in the bathroom iftenred's 
 wife opened the door and found her husband lying 
 on the floor with blood streaming from a wound 
 in his head. She exclaimed: "What's the mat- 
 ter," and he replied: "I slipped and fell." A 
 physician testified that in his opinion the fall 
 caused the insured's death. An autopsy was held 
 and a bruised and torn wound found on a tender 
 part of the head just above and a little back of the 
 ear on the left side. There was other evidence to 
 the effect that previous to the fall insured had 
 been enjoying good health. 
 
 It was the contention of the company that 
 insured's death was due to meningitis and that 
 
128 READY REFERENCE INSURANCE DIGEST 
 
 this is what produced the fall. There was expert 
 testimony that the germs causing meningitis are 
 generally supposed to enter through the nose and 
 throat. There was testimony, however, that they 
 could enter through an abrasion of the skin. 
 Held, that whether or not the death of insured 
 was due to meningitis or whether the germs 
 entered his body through the abrasion caused by 
 the fall, under the evidence, was for the jury. 
 
 Where an accident causes a disease which dis- 
 ease in turn results in death the accident is, in 
 law, the proximate cause of the death, and the 
 insurer is liable notwithstanding the policy limits 
 liability to "the effects of bodily injuries" caused 
 directly, solely, and independently of all other 
 causes by accidental means, which bodily injuries 
 or their effects shall not be caused wholly or in 
 part directly or indirectly, by any disease, defect 
 or infirmity. Death resulted from the fall which 
 produced cerebro-spinal meiiigitis. 
 
 Greenlee v. Kansas City Casualty Com- 
 pany (Kansas City C. A.), 
 192 Mo. App. 303; 182 S. W. Rep. 138; 
 47 Ins. Law Jour. 426. 
 
 Weakened condition — Raised hand suddenly — Blood 
 pressure strong — Blood rupture of retina — Sight 
 destroyed. 
 
 Insured, while in a weakened condition result- 
 ing from the taking of a purgative, raised his 
 hand suddenly to get a paper ; his blood pressure 
 was strong, and, as a result of his act, and weak- 
 ened condition, rushed to his head, causing a 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 129 
 
 blood rupture of the retina thereby destroying his 
 sight. Held, that the loss was not due to acci- 
 dental means. The^weakened condition due to the 
 purgative was not accidental nor was the excessive 
 blood pressure ; the movement of the hand was an 
 ordinary movement and exactly as intended. The 
 rushing of the blood with the excessive pressure 
 rupturing the retina was, therefore, caused by 
 natural causes. 
 
 Stone V. Fidelity Casualty Company of 
 
 New Yorli (Tenn. S. C), 
 133 Tenn. 672; 182 S. W. Eep. 252; 
 
 L. E. A. (1916-D), 536; Ann. Cas. 
 
 (1917-A), 86; 47 Ins. Law Jour. 296. 
 
 Slipped — Strained groin — Rupture — ^Ulcer or abscess — 
 Cancer. 
 
 Insured ^as a commercial traveler. While at 
 the time of the alleged accident he was emaciated 
 there was evidence to the effect that he had been 
 enjoying good health. On July 14, while packing 
 his samples, so he stated to the company in a 
 notice, he slipped and strained himself. On that 
 day he called on a physician who testified to find- 
 ing marks of injury in the region of the left groin, 
 and that the insured at that time was suffering 
 from a rupture. It was the theory of the plaintiff 
 that insured died of an ulcer or abscess which was 
 caused by the injury which he received at the time 
 he slipped. It was the theory of the defendant 
 that he died of a cancer or ulcer or abscess in the 
 prostatic gland, which had been infiltrated by a 
 cancer and which had existed at the time of the 
 
130 READY REFERENCE INSURANCE DIGEST 
 
 alleged accident. There was medical testimony 
 tending to support each of the two theories. 
 Held, that under the evidence it was a question for 
 the jury as to whether or not death resulted from 
 an accident. 
 
 The policy provided: "The insurance under 
 this contract shall not extend to * * * death 
 resulting from or caused directly or indirectly, 
 wholly or in part, by * * * disease in any form, 
 or while afflicted thereby." The jury were in- 
 structed that this clause had no reference to any 
 disease existing at the time of accident which did 
 not cause directly or indirectly, or in some way 
 contribute to the death. Held, that this was a 
 proper interpretation of the condition. (Judg- 
 ment affirmed against company.) 
 
 Skinner v. Commercial Travelers' Mu- 
 tual Accident Association (Mich. 
 S. C), 
 190 Mich. 353; 157 N. W. Rep. 105; 47 
 Ins. Law Jour. 723. 
 
 Pall — ^Apoplexy — Paralysis — ^Arterio sclerosis and 
 Bright 's disease. 
 
 The policy provided that in case of paralysis 
 due to accidental injuries "independently and 
 exclusively" of all other causes, the company 
 would pay the principal sum. At the time insured 
 fell, while attempting to board a moving street 
 car, he was afflicted with the disease of arterio 
 sclerosis and Bright 's disease. Held, that under 
 the terms of the policy the insured was not 
 entitled to recover unless the paralysis was 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 131 
 
 caused solely by the injuries received by him; 
 that is, apart from and without regard to any 
 disease with which he was afflicted at the time of 
 the accident ; therefore, an instruction of the trial 
 court that if "the fall hastened the paralysis and 
 caused it to result sooner than it would have 
 resulted had the fall not have happened," the 
 accident would have been the independent and 
 exclusive cause of the paralysis, was proper. 
 
 There 'being evidence tending to show that the 
 disease with which insured was afflicted caused a 
 stroke of apoplexy and resulted in paralysis, the 
 insurer was entitled to have that specific issue 
 submitted to the jury. 
 
 In such case if the disease with which insured 
 was afflicted caused a stroke of apoplexy, or if the 
 injury was received by the insured in the fall and 
 said diseases concurred and co-operated in caus- 
 ing apoplexy and paralysis, there was no liability 
 on the part of the insurer. 
 
 The judgment for plaintiff below was reversed 
 in favor of the company. 
 
 Western Indemnity Company et al. v. 
 Machechnie (Texas C. C. A.), 
 185 S. W. Eep. 615; 48 Ins. Law Jour. 
 141. 
 
 Fall — Concussion of brain— Heart disease. 
 
 A hackman swears that the deceased, in getting 
 out of his hack, fell upon his back and head, and 
 seemed dazed. Upon entering his house, his wife, 
 the plaintiff, sayfe he was dazed, and complained 
 of injury at the back of his head, and apparently 
 
132 EBADY KEFEKENCE INSUEANCE DIGEST 
 
 suffered from the injury. Plaintiff's expert evi- 
 dence tends to show that death resulted from 
 concussion of the brain. The defendant's evi- 
 dence is to the contrary, and indipates that it 
 resulted from a diseased heart, and that the 
 deceased had other diseases which might well 
 have caused his death. Held, that the verdict of 
 the jury in favor of the plaintiff was sustained by 
 the evidence. 
 
 Tromblee v. North 'American Accident 
 
 Insurance Company (N. Y. App. 
 
 Div.), 
 158 N. Y. Supp. 1014; 173 App. Div. 
 
 174; 48 Ins. Law Jour. 134. 
 
 Hand bruised — Embolus from bruised hand passed to 
 base of brain. 
 
 It was alleged in the complaint that the insured 
 sustained an injury to his hand, which injury 
 caused an embolus on the base of the brain, from 
 which he died. The verdict was against the in- 
 surer. It is contended that the evidence does not 
 sustain the verdict because the physician testify- 
 ing for the plaintiff stated that the embolus in 
 passing from the bruised portion of the hand to 
 its place of lodgment in the brain would neces- 
 sarily pass through the minute capillaries in the 
 lungs ; that the physicians described the embolus 
 as being larger than the capillaries through which 
 they said it passed; therefore it is argued that 
 their conclusions were incorrect and physically 
 impossible. Held, that the evidence showing that 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 133 
 
 this embolus was a pus formation and not a solid, 
 it was for the jury to say whether or not it was 
 beyond a physical impossibility for this small 
 semi-liquid substance loose in the blood vessels to 
 be driven through the minute capillaries of the 
 lungs to its place of lodgment. 
 
 Standard Accident Insurance Company 
 V, Broom (Miss. S. C), 
 71 So. Rep. 653 ; 48 Ins. Law Jour. 137. 
 
 Fall — Rupture — Surgical "operation — Pre-disposition to 
 rupture. 
 
 Insured died from the effects of an operation to 
 reduce a rupture. The rupture had been caused 
 by a fall, although he, at the time, had a predispo- 
 sition to rupture. The poHcy insured against 
 "loss of life, limb, sight and time, resulting from 
 bodily injuries * * * effected directly and inde- 
 pendently of all other causes through accidental 
 means. Held, that his predisposition to rupture 
 was not a cause of the accident, and the fact that 
 he was so predisposed would not prevent 
 recovery. 
 
 In case where a surgical operation becomes 
 necessary to deal properly with the effects of an 
 injury and the assured dies as a result of the 
 operation, death results "independently of all 
 other causes" from such injuries. 
 
 Collins V. Casualty Company of America 
 (Mass. S. J. C), 
 224 Mass. 327; 112 N. E. Rep. 634; 
 L. R. A. (1916-E) 1203; 48 Ins. Law 
 Jour. 122. 
 
134 READY REFERENCE INSURANCE DIGEST 
 
 Abdomen injured — Surgical operation — ^Appendix 
 removed — Traumatic peritonitis or inflammation of 
 the peritoneum. 
 
 The policy provided for the payment of a prin- 
 cipal sum "if death, shall result from such 
 injuries alone, and not approximately from some 
 disease induced or aggravated by said injuries." 
 Insured was injured by the over-turning of an 
 automobile. He was taken to a hospital and an 
 abdominal operation performed, the appendix 
 being removed and the intestines replaced in a 
 normal position; following the operation there 
 was a progressive obstruction of the intestines. 
 A second operation was performed, following 
 which insured died. Three physicians testified 
 that death was caused solely by the injuries 
 received in the accident. The insurer claimed 
 that the death resulted approximately from a dis- 
 ease, namely, traumatic peritonitis, induced by 
 the injury. Held, that the evidence warranted the 
 jury in finding that the death of the insured 
 resulted from his injuries alone and not approxi- 
 mately from a disease induced or aggravated by 
 such injuries. 
 
 As a result of the accident the insured suffered 
 from traumatic peritonitis, or an inflammation of 
 the peritoneum, caused by a blow on the abdomen. 
 Held, that his death was not proximately caused 
 by a disease within the meaning of the policy. 
 
 Hickey v. Ministers' Casualty Union 
 (Minn. S. C), 
 133 Minn. 215; 158 N. W. Rep. 45; 48 
 Ins. LaAv Jour. 243. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 135 
 
 Foot injured — ^Abrasion from new shoes — Erysipelas — 
 Smallpox sores. 
 
 Insured had suffered from smallpox and had 
 been sent to the detention station. His ease was a 
 very mild one. While at the detention station he 
 put on a comparatively new pair of shoes and took 
 a walk. A number of hours after returning he 
 complained of a smarting sensation on his right 
 foot. It was later found that he was suffering 
 from erysipelas from which he died. His room- 
 mate in the detention station testified as to having 
 seen a reddish place near the ankle. He testified 
 that it "looked" like it had been rubbed and that 
 it "looked" to him like erysipelas. There was 
 testimony that erysipelas could be contracted only 
 by entrance of the germ through an abrasion or 
 break in the skin; that it was possible for the 
 germ to enter through the sores caused by small- 
 pox, and that it was common for erysipelas to 
 follow smallpox. The insured, when he com- 
 plained of his foot hurting him, said nothing 
 about his shoe having rubbed his foot, nor was 
 there any evidence tending to prove that the as- 
 sured ever had a tight shoe on his foot or that the 
 shoe, tight or otherwise, rubbed his foot. Held, 
 that while proof of an accident might be made by 
 circumstantial evidence, the facts produced in this 
 case were insufficient to show that the erysipelas 
 germ entered the body through an injury caused 
 
136 READY REFERENCE INSURANCE DIGEST 
 
 by external, violent and iaccidfental means within 
 the terms of the policy. 
 
 General Accident, Fire & Life Assurance 
 Corporation v. Murray. (Va. S. 
 C.A.), 
 90 S. E. Rep. 620 ; 49 Ins. Law Jour. 98. 
 
 Mushrooms eaten — Ftoii^aine poisonijig. 
 
 The policy insured " against loss resulting 
 directly and independently of any and aU other 
 causes from bodily injury effected solely through 
 external, violent and accidental means." It 
 excepted liability "for injury resulting from or 
 contributed to, directly or indirectly, wholly or 
 partially, by disease." Insured's death was 
 caused solely by ptomaine poisoning following the 
 eating of some mushrooms. Held, that death 
 resulted from accidental means and is not within ^ 
 the exception of death due to disease. 
 
 While a mere accidental result would not suffice, 
 under the language of the policy, the uninten- 
 tional takiing of a poisonous substance contained 
 in what insured supposed to be edible mushrooms 
 constituted an accidental means within the mean- 
 ing of the policy. 
 
 ' ' United States' Casualty Company v. 
 Griffls (Ind. S. C.)^ 
 114 N. E. Rep. 83 ; 49 Ins. Law Jour. 
 70; 83 L. R. A. (19n-F), 481. 
 
 Infected by germs of pyorrhea — Septic poisoning. 
 
 The policy covered "septic poisoning, the result 
 of external inoculation from accidental contact 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 137 
 
 with septic matter." The insured was a dentist. 
 For some two weeks, he had suffered from a cold 
 and its attendant inflammation of the nasal mu- 
 cous membrane, but the cold and inflammation had 
 almost disappeared at the time of his alleged 
 infection. He was working on the teeth of a 
 patient who was suffering from an attack of 
 pyorrhea, when the patient coughed, ejecting a 
 spray of saliva into the doctor's face. The next 
 day he complained of a headache and pain just 
 above his nose. His suffering continued to 
 increase. The insured subsequently died. A 
 specimen of the bloody thick pus which exuded 
 from his nose was examined and found to contain 
 germs always present in the pus of pyorrhea. 
 There was expert opinion to the effect that the 
 death was due to a septic inoculation from the 
 pyorrhea pus. Held, that under this evidence it 
 was a question for the jury as to whether or not 
 death was due to causes insured against. The 
 judgment for plaintiff was affirmed against com- 
 pany. 
 
 Merrick v. Travelers' Insurance Com- 
 pany (Kansas City C. A.), 
 189 S. W. Rep. 392 ; 49 Ins. Law Jour. 
 103. 
 
 Fall — Coronary sclerosis. 
 
 The policy insured against death resulting 
 "wholly and entirely by external, violent and acci- 
 dental means." The proofs of death showed that 
 the insured suffered a fall and that the cause of 
 death was coronary sclerosis. Held, that these 
 
138 READY EEFERENCE INSURANCE DIGEST 
 
 positive statements in the proofs of death con- 
 trolled the inference of the cause of death natu- 
 rally arising from the mere fact of fall and of 
 physical injury, and made it impossible to say as 
 a matter of fact that the directors as reasonable 
 men acting reasonably, ought to have decided 
 that death was due wholly and entirely to an 
 accident. 
 
 Page v. Commercial Travelers Eastern 
 
 Accident Association (Mass. S. 
 
 J. C), 
 225 Mass. 335; 114 N. E. Eep. 430; 49 
 
 Ins. Law Jour. 231. 
 
 Fall — Breast struck — Hemorrhage — ^Enlargement of 
 heart and degeneration of blood vessels and arteries 
 — ^Angina pectoris. 
 
 Insured's wife who was with him at the time of 
 the alleged accident testified to the effect that the 
 insured was engaged in attempting to fasten a 
 board on a small box ; that in so doing he used a 
 ratchet screwdriver ; having laid the board on the 
 box and placed a screw in position, insured 
 adjusted the tool for the purpose of driving it into 
 the board and while bending over it to bring his 
 weight upon the tool the box tipped, causing him 
 to fall forward with his whole weight upon the 
 upper end of the tool which struck him in the 
 breast. After he fell he could not get his breath 
 and struggled just like he was dying. He con- 
 tinued to suffer and died within a few hours. An 
 autopsy was performed which showed enlarge- 
 ment of the heart and degeneration of the blood 
 
ACCIDEKT, defined; DISEASE DISTINGUISHED 139 
 
 vessels and arteries. The immediate cause of 
 death was hemorrhage into the wall of the arch of 
 the aorta, the diagnosis of cause of death being 
 angina pectoris. Several experts testified to the 
 effect that the abnormal conditions of the heart 
 and blood vessels were of a character rendering 
 the insured liable to sudden death as the result of 
 any slight cause or mere ordinary exertion, or 
 even in sleep without any external cause. There 
 was expert testimony on behalf of the plaintiff in 
 rebuttal that the condition of the heart and blood 
 vessels was not such as to produce death in itself 
 and that in his opinion the death was due to the 
 blow received in the fall. Held, that under this evi- 
 dence it was ^ question for the jury as to whether 
 the cause of death was within the terms of the 
 policy, "Thrqugh accidental means and resulting 
 directly, independently and exclusively of all 
 other causes.'' Judgment affirmed against com- 
 pany. 
 
 Ranl^y v. Fidelity & Casualty Company 
 
 ^lowa S. C), 
 16X N. W. Rep. 114; 49 Ins. Law Jour. 
 
 ^50. 
 Hatfield V. Iowa State Traveling Men's 
 
 Association, 
 161 N. W. Eep. 114; 49 Ins. Law Jour. 
 
 367. 
 Hatfield V. Travelers' Protective Associ- 
 
 tion, 
 161 N. W. Rep. 125. 
 
140 READY EEFEEENCE INSURANCE DIGEST 
 
 Hernia result of accident — Hernial protrusion previ- 
 ously. 
 
 It was contended by the company that insured 
 was suffering from a hernia preceding the acci- 
 dent which caused his death. There was Evidence 
 to the effect that about a year preceding his death 
 a small protrusion the size of a hazelnut was 
 noticed at his navel. It was shown that this was 
 very small and never increased in size and never 
 gave the insured any trouble. There was medical 
 testimony to the effect that it could have been 
 simply a development of external parts without 
 any hernial protrusion. Held, that this evidence 
 was sufficient to sustain the findings of the jury 
 that at the time of the accident, which resulted in 
 insured's death, he was not suffering from hernia. 
 
 Judgment for plaintiff below for less than 
 demanded^ — policy limited amount payable to 14 
 "where accidental injury results in hernia," and 
 same affirmed. 
 
 Keen v. Continental Casualty Company 
 (Iowa S. C), 
 175 Iowa 513 ; 154 N. W. Rep. 409. 
 
 Fall — Bruises on temple and at end of spinal column — 
 Paralysis — Pneumonia. 
 
 According to the evidence of several witnesses 
 who saw insured after the accident there were 
 numerous bruises upon his body. Previous to his 
 fall he had been in excellent health. One physi- 
 cian testified that there was a bruise on the 
 temple, which indicated a blood clot, and a severe 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 141 
 
 bruise at the lower end of the spinal column. The 
 physicians testified that the paralysis with which 
 insured was afflicted, and the pneumonia, could 
 have been produced by injuries sustained by him 
 in the accident. Held, that the verdict of the jury 
 in favor of the plaintiff was warranted. In other 
 words, this evidence sustained the conclusion that 
 the accideiit and consequent injuries resulted in 
 and constituted the proximate cause of death. 
 
 National Life & Accident Insurance Com- 
 pany V. Cox'{'Kj. C. A.), 
 174 Ky. 683; 192 S. W. Eep. 636; 49 
 Ins. Law Jour. 608. 
 
 Blow on chest — ^Aneurism of the aorta — Dilation of 
 heart and arterio sclerosis — Syphilis. 
 
 It was the contention of the company that the 
 insured died of acute dilation of the heart and 
 arterio sclerosis primarily caused by syphilis. 
 The physician who treated insured during the last 
 four months of his life so testified. On the other 
 hand there was evidence that insured did not have 
 syphilis and did not die of arterio sclerosis, but on 
 the contrary died from an aneurism of the aorta 
 caused by a blow received on the chest about 18 
 months preceding his death. Before that time he 
 was a stout, active, energetic man with no disease ; 
 that immediately after, the aneurism developed 
 and grew; that he had a cough which caused an 
 injury to the aorta which developed at the place 
 the breast was briiised by the blow. Held, that 
 under this evidence it was a question for the jury 
 as to what caused the insured's death, and the 
 
142 READY REFERENCE IKSTJR AITCE DIGEST 
 
 Court, therefore, did not commit error in refusing 
 to direct a verdict for the company. Judgment 
 affirmed against company. 
 
 North American Accident Insurance 
 Company v. Miller (Texas C. C. A,), 
 193 S. W. Rep. 750; 49 Ins. Law Jour. 
 841. 
 
 Slipped on icy ground — Twisted body — ^Abdomen in- 
 jured — Surgical operation — ^Adhesions of bowels, etc. 
 — Operation previously. 
 
 The insured slipped in walking on a steep and 
 icy ground and almost fell ; in righting himself he 
 twisted his body in the region of the abdomen; 
 after this twisting he suffered severe pain in the 
 abdomen ; an operation was performed and it was 
 discovered that there' were adhesions of his bowels 
 to the wall of the abdominal cavity. It further 
 appeared that the insured was disabled for a 
 number of months after the operation so per- 
 formed. Several physicians testified that the con- 
 dition was caused by the twisting of his body 
 when he accidentally slipped and almost fell. The 
 company offered evidence to the effect that the 
 condition was the result of a previous operation. 
 Held, that whether or not the condition resulted 
 from injuries effected solely through accidental 
 means independently of all other causes was a 
 question for the jury, and that the evidence sus- 
 tained its verdict in favor of the insured. 
 
 Kelley v. Pittsburgh Casualty Company 
 (Pa. S. C), 
 100 Atl. Eep. 494; 49 Ins. Law Jour. 
 828. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 143 
 
 Fall — ^Apoplexy or paralysis — 111 health. 
 
 In an action on an accident policy, evidence 
 showing that decedent on returning to his home 
 in the evening fell at or near the top of the steps 
 'leading to the porch, that ice had formed on the 
 steps, that on being assisted into the house, he 
 told his wife he slipped on the steps, and that he 
 also stated to the doctor that he had fallen on the 
 steps, was sufficient to warrant submitting the 
 case to the jury on the plaintiff's theory that 
 death was accidental, though there was no medical 
 testimony to show that fact; and though it 
 appeared that death was due to apoplexy or 
 paralysis due to the fall, it could not be said as a 
 matter of law that death did not result from the 
 fall from the mere fact that there was evidence 
 that decedent had not been in good health, but 
 which failed to show any predisposition to apo- 
 plexy or paralysis. 
 
 Semmons v. National Travelers' Benefit 
 
 Association (Iowa S. C), 
 163 N. W. Rep. 338 ; 50 Ins. Law Jour. 
 
 379. 
 
 Accident — Tubercular lesions — Tubercular trouble 
 previously. 
 
 About ten or fifteen years before the date of the 
 policy the insured had suffered from a tubercular 
 affection. The tubercular lesions, however, had 
 healed and would have remained harmless had it 
 not been for the accident. The accident caused 
 the tubercular condition to flare up again and 
 delayed the recovery. Held, that under . these 
 circumstances the development resulted "directly, 
 
144 HEADY REFERENCE INSURANCE DIGEST 
 
 independently and exclusively of all other 
 causes" from the accident. 
 
 Fidelity <& Casualty Company v. Mitchell 
 (Eng. Privy Council), 
 (1917) A. C. ; The Law Reports (Nov., 
 1917) 592. 
 
 Lifting cotton bales — Heart ruptured. 
 
 Where insured while lifting cotton bales died of 
 rupture of the heart caused thereby, and it 
 appeared that he was in apparent good health and 
 had no knowledge of any heart trouble, that he 
 was accustomed to the work and had not before 
 that time suffered any harmful results therefrom, 
 and that he did not anticipate any injury from 
 lifting the cotton bales at the time and in the 
 manner he did, his death was accidental; but it 
 was not a death "by accidental means," if his act 
 in lifting the cotton bales was just what he 
 intended, and was done in the manner in which he 
 intended. 
 
 Death by accidental means occurs where death 
 is caused by some act of deceased not designated 
 or intentionally done by him, while if the death is 
 not designed or anticipated by deceased, but is the 
 consequence of an act voluntarily done by him, it 
 is an accidental death. (Judgment in favor of 
 society, reversed in favor of beneficiary.) 
 
 Pledger v. Business Men's Accident 
 Association of Texas (Texas C. 
 C. A.), 
 197 S. W. Rep. 889; 51 Ins. Law Jour. 
 81. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 145 
 
 Reversed, as follows: 
 
 The policy insured against "accidental death." 
 It declared that liability to pay should be subject 
 to "all of the limitations of the by-laws." One of 
 these limitations was that death must be produced 
 by accidental means. Held, that this limitation 
 did not contradict the agreement contained in the 
 policy to pay in the event of accidental death but 
 limits the same to a certain character of acci- 
 dental death, viz.: that produced by accidental 
 means. A death produeed by accidental means is 
 an accidental death. An accidental death may or 
 may not be produced by accidental means. 
 
 Pledger v. Business Men's Accident 
 Association (Texas C. C. A.), 
 198 S. W. Rep. 810 ; 51 Ins. Law Jour. 
 81. 
 Reversed, as follows : 
 
 Under application, certificate, and by-laws pro- 
 viding for payment of $5,000 for the death of a 
 member caused "solely and exclusively by 
 external, violent and accidental means," Held, 
 that the beneficiary was entitled to recover for 
 accidental death, member dying from a rupture of 
 heart vessels at the time of lifting a cotton bale, 
 in view of Rev. St. 1911, Art. 4807, although the 
 policy provided that there would be no liability 
 for death resulting from any accident when no 
 visible mark was on the body. 
 
 Pledger v. Business Men's Accident 
 Association of Texas (Texas Com. 
 App.), 
 228 S. W. Rep. 110. 
 
146 READY REFERENCE INSURANCE DIGEST 
 
 Fractured skull — Shock — Unconsciousness — Skull had 
 previously been trepanned. 
 
 The company insisted that the unconscious con- 
 dition of the assured following the fracture of his 
 head was due, not to such injury, but to an opera- 
 tion previously performed in which the skull was 
 trepanned. Such was the opinion of its medical 
 witness. As against this testimony the insured 
 testified that since the operation he had never 
 experienced any ill effects therefrom; his fellow 
 employes testified that during such interval he 
 appeared at all times to be in normal condition. 
 Held, that under this evidence the Court was 
 justified in concluding that the unconscious condi- 
 tion following the fracture of his head was 
 attributable to the shock and suffering which it 
 entailed rather than to the previous operation. 
 
 Church V. Fidelity & Deposit Company 
 
 of Maryland (Cal. D. C. A.), 
 168 Pac. Eep. 1054 ; 51 Ins. Law Jour. 
 
 157. 
 
 Injury — Blood poisoning — Cut finger on broken bottle. 
 
 Where an accident insurance policy indemnifies 
 against loss caused directly and exclusively by 
 bodily injury sustained solely and independently 
 of all other causes through accidental means, and 
 provides that blood poisoning resulting directly 
 and exclusively from such injury shall be deemed 
 a bodily injury, it is wholly immaterial when or 
 how the specific bacilli which caused the blood 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 147 
 
 poisoning resulting in the death of the insured 
 were introduced into the wound. 
 
 Rich V. Hartford Accident S Indemnity 
 Company (111. App.), 
 12 111. Law Eeview, App. Ct. Dig. 101. 
 
 Blood poisoning — Septicaemia — Sickness or accident. 
 
 The policy covered losses sustained from both 
 accidental injuries and from disease. It provided 
 that "any loss resulting wholly or in part, directly 
 or indirectly from * ' * * blood poisoning or 
 septicaemia * * * shall be considered as 
 resulting from sickness" for which stipulated 
 benefits were provided. After insured was in- 
 jured septicaemia intervened and he died there- 
 from within six weeks after receiving the alleged 
 injuries. Held, that the death having been so 
 caused the company was liable only for the limited 
 benefits provided for disability from sickness, and 
 was not liable as for loss of Hfe from accident. 
 
 Anderson v. Great Eastern Casualty 
 
 Company (Utah S. C), 
 168 Pac. Eep. 966; 51 Ins. Law Jour. 
 
 162. 
 
 Intentional lifting — Exertion — Embolus — Loss of 
 Sight. 
 
 A disability due to an intentional exertion does 
 not constitute an "accidental means," hence a 
 loss of sight from a blood clot, embolus, due to 
 general physical condition of insured, but possibly 
 
148 EEADY KEFEEENCE INSUBANCB DI GEST 
 
 aggravated by an intentional lifting, was not 
 covered. 
 
 Salinger v. Fidelity & Casualty Company 
 ofNewYork{Kj.C.A.), 
 198 S. W. Kep. 1163 ; 51 Ins. Law Jour. 
 133. 
 
 Fall — Hernia. 
 
 A provision in a casualty insurance policy to 
 the effect that the insurance does not cover loss 
 from hernia is not applicable where the insured 
 received an injury by falling, from which the 
 hernia resulted. 
 
 Schwindermann v. Great Eastern Casu- 
 alty Company (N. D. S. C), 
 165 N. W. Rep. 982; 51 Ins. Law Jour. 
 319. 
 
 Ingrowing hairs, removal of — Jabbed tweezers into 
 skin — Infection. 
 
 The contract insuring against disability through 
 "accidental, violent and external means," there 
 could be no recovery for disability resulting from 
 an act of a barber in removing ingrowing hairs 
 from the insured's chin although the work was 
 unsuccessfully done and the result was not such 
 as either the insured or the barber anticipated; 
 the means must have been accidental to entitle the 
 insured to recover. 
 
 Insured testified that a barber undertook to 
 remove dead hairs f tom his chin and that while so 
 doing the barber got into an altercation with 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 149 
 
 another just as he made an attempt to get the )iair 
 and he looked up and jabbed the tweezers into the 
 skin. Held, that whether or not the disability 
 resulting therefrom was dne to accidental means 
 was a question for the jury. 
 
 Kendall v. Travelers' Protective Asso- 
 ciation of America (Ore. S. C), 
 87 Ore. 179; 169 Pac. Rep. 751; 51 Ins. 
 Law Jour. 319. 
 
 Scratched scab off boil on neck — Erysipelas. 
 
 Insured had a boil on the back of his neck for 
 which he had been treated by a doctor. A healthy 
 scab had formed. While pursuing his occupation 
 of butcher and while his hands were soiled his 
 neck began to itch, and in order to relieve the 
 irritation he rubbed or scratched the offending 
 place, with the result that he broke the scab. 
 Erysipelas followed, causing death. Held, that 
 under this evidence the death was not the result 
 of accidental means. 
 
 Maryland Casualty Company v. Spitz 
 (U. S. C. C. A., 3rd Cir.), 
 246 Fed. Eep. 817; 51 Ins. Law Jour. 
 409. 
 
 Fall striking breast against heavy iron — Pneumonia. 
 
 The policy insured against death caused solely 
 and exclusively by external, violent and accidental 
 means. The evidence showed that while insured, 
 with some others, was lifting a heavy piece of 
 iron, one of the men fell, causing the iron to fall 
 
150 BEADY REFEKENCE INSURANCE DIGEST 
 
 to the ground and deceased fell upon it, striking 
 his breast against it. He died about a month 
 later of pneumonia, which the beneficiary claims 
 was caused by strildng his breast. The doctor 
 who attended him testified that he could not state 
 positively that the injury caused pneumonia. 
 Held, that death was not caused solely and exclu- 
 sively by external, violent and accidental means. 
 Stull V. United States Health & Accident 
 
 Insurance Company (Ky. C. A.), 
 115 S. W. Eep. 234; 38 Ins. Law Jour. 
 
 391. 
 
 Lifting heavy cylinder from engine — ^Ruptured blood 
 vessel in stomach. 
 
 The rupture of a blood vessel in the stomach of 
 insured, from which death ensued, caused by a 
 sudden wrench of the body sustained in removing 
 a heavy cylinder head from an engine, where 
 insured was a strong and healthy man, engaged 
 as a machinist, in which business he was engaged 
 when the policy was issued, is such a death as will 
 sustain an action on a policy insuring against 
 death resulting from injuries sustained solely by 
 external, violent and accidental means. 
 
 Standard Life and Accident Insurance 
 Company v. Schmaltz (Ark. S. C), 
 66 Ark. 588; 53 S. W. Rep. 49; 74 Am. 
 St. Eep. 412. 
 
ACCIDENT, defined; DISEASE DIST INGUISHED 151 
 
 Slipped while taking tire from automobile— Blood clot 
 — Overexertion — ^Arterio sclerosis. 
 
 The policy insured against death from external, 
 violent and accidental means. It excepted death 
 caused by voluntary overexertion. Insured 
 undertook to take off the casing of an automobile 
 wheel. He worked with it for some time and 
 finally it came off with a snap, and with such sud- 
 denness that insured, to preserve his equilibrium, 
 staggered back several paces. He immediately 
 turned pale and complained of being ill. He was 
 taken to a hospital and died about an hour later. 
 The immediate cause of death was due to a blood 
 clot near the heart. Held, that insured's death 
 was not due to accident. An accident means a 
 result, the inducing cause of which is not brought 
 in motion by voluntary and intentional act of the 
 injured person. The means or cause must be 
 accidental. Where death results from voluntary 
 physical exertion or intentional acts on the part 
 of the insured, it is not accidental. Judgment 
 affirmed in favor of company. 
 
 LicMeider v. Iowa State Traveling Men's 
 
 Association (Iowa S. C), 
 151 N. W. Eep. 479; 45 Ins. Law Jour. 
 
 772. 
 
 Eeversed as follows : 
 
 With the facts as above, and the post-mortem 
 showed death due to blood clot in the right coron- 
 ary artery. Two of the operating physicians gave 
 it as their opinion that death was due to arterio 
 
152 READY EEFEKENCB IBTSUKANCE DIGEST 
 
 sclerosis. The third testified that he found no 
 more arterio sclerosis than was usual with a man 
 of insured's size and age, and that in his opinion 
 the blood clot was due to inflammation or injury 
 to the artery ; that he did not observe or find any 
 inflammation in the body. Held, that the Court 
 could not rule as a matter of law that death was 
 the result of disease or other natural causes. 
 
 If the arteries of the insured were sclerotic by 
 the sclerosis was such only as is natural and usual 
 impairment of increasing years, the fact that a 
 bodily injury sustained by him would more likely 
 be fatal than would be the case if such condition 
 did not exist, would not prevent a recovery, 
 should it otherwise appear that the injury was of 
 the nature, described in the policy. 
 
 Insured having undertaken to remove a tire and 
 having exercised his strength with a considerable 
 degree of violence in the doing of which the tire 
 gave way with an unexpected suddenness, causing 
 him to stagger or, fall back from the stooped or 
 strained position he was occupying, it was open to 
 the jury to find if in this involuntary and unde- 
 signed movement so unexpectedly produced he 
 sustained the strain or injury to some of his vital 
 organs which proved fatal. A death so produced 
 would be accidental both in cause and in effect. 
 
 Lickleider v. Iowa State Traveling Men's 
 
 Association (Iowa S* C), 
 166 N. W. Eep. 363; 51 Ins. Law Jour. 
 
 435. 
 
 Petition for rehearing overruled, see following: 
 Held, that if the insured in pulling the tire from 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 153 
 
 the wheel, slipped as might be found from the 
 testimony, and fell in consequence thereof, the - 
 jury might have concluded not only that the 
 injury was accidental but that it was due to acci- 
 dental means. For this reason the trial court 
 erred in directing a verdict for the association. 
 
 Lichleider v. Iowa State Traveling Men's 
 
 Association (Iowa S. C), 
 168 N. W. Eep. 884 ; 52 Ins. Law Jour. 
 
 668. 
 
 r 
 
 Pricked pimple with pin — ^Infection. 
 
 The intentional pricking of a pimple by the 
 insured with his tie pin, which was infected, by 
 reason of which he became infected with poison 
 and died within a few days, constituted death 
 from bodily injuries "through external, violent 
 and accidental means" within the terms of the 
 policy. That where the germs entered the wound 
 in its making the association was not relieved of 
 liability. 
 
 Lewis IK Iowa State Traveling Men's 
 Association {JJ. S. D. C, Iowa), 
 248 Fed. Rep. 602; 52 Ins. Law Jour. 
 141. 
 
 Affirmed, as follows: 
 
 Held, Such death to be the result of receiving a 
 bodily injury through external, violent and acci- 
 dental means, as provided in the policy ; and that 
 the wound was an open wound within the terms of 
 the policy exempting the insurer from liability 
 for local or general infection, except when such 
 
154 READY REFERENCE INSURANCE DIGEST 
 
 infection should result from a visible or open 
 wound caused by external, violent and accidental 
 means. 
 
 Iowa State Traveling Men's Association 
 V. Lewis (U. S. C. C. A., 8th Cir.), 
 257 Fed. Kep. 552; 54 Ins. Law Jour. 
 460. 
 
 Pricked pimple on lip — Infection — Inflammation of 
 brain — Staphylococcus aureus — Infection. 
 
 Insured had a pimple on his lip. It became 
 larger and more inflamed. A physician who was 
 consulted testified that there was a punctured 
 wound in the lip which had inflamed and infected 
 the deep tissues. The infection spread, death 
 finally resulting. Held, that the evidence was 
 such that the jury might find that the pimple had 
 been punctured by some instrument and that the 
 result of the puncture was an infection which 
 caused death. If that is what happened, there 
 was an accident. 
 
 In an action on an accident policy, where the 
 assured had punctured pimple on his lip, whereby 
 infection was induced, resulting in death from 
 inflammation of the brain produced by staphylo- 
 coccus aureus, the infection was the result of acci- 
 dent. 
 
 Lewis V. Ocean Accident & Guarantee 
 
 Corporation, Limited (N. Y. Ct. of 
 
 App.), 
 
 224 N. Y. 18; 120 N. E. Rep. 56; 7 
 
 L. E. A. 1129 ; 52 Ins. Law Jour. 397 ; 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 155 
 
 Reversing : 167 N. Y. S.lllO ; 180 App. 
 Div. 935 (no opinion), which affirmed 
 judgment of trial court. 
 
 Pimple pricked with pin — Lip became infected — 
 Infection. 
 
 It was stipulated by the parties as follows: 
 "That upon discovering said pimple, while alone 
 and in the absence of any eye-witness, (insured) 
 removed his gold scarf pin from his necktie and 
 intentionally pricked said pimple with said scarf 
 pin ; that his lip at said place immediately became 
 infected." Held, that the stipulation is to be con- 
 strued as meaning that the scarf pin itself carried 
 the infection, and as there was no evidence that 
 the insured knew this fact nor could be presumed 
 to know it, the use of the pin that was infected 
 was an accidental means causing death. 
 
 Interstate Business Men's Association v. 
 
 Lewis (U. S. C. C. A., 8th Cir.), 
 257 Fed. Rep. 241; 54 Ins. Law Jour. 
 
 341. 
 
 Blow — Nephritis — Inflammation of kidneys. 
 
 The evidence tended to prove that in Septem- 
 ber, 1912, the insured was in perfect health ; that 
 on that day he was severely injured by an attack 
 by foot-pads, from which he was confined about a 
 month, after which he went to his office occasion- 
 ally. In January he became worse and continued 
 to decline until June, 1913, when he died from 
 nephritis or inflammation of the kidneys. The 
 
156 READY BEFEEE yrCE INSURANCE DIGEST 
 
 medical testimony was to the effect that this con- 
 dition of the Iddneys might have been produced by 
 direct injury from the blows he received. Held, 
 that from these facts the jury was justified in find- 
 ing that death resulted directly and independently 
 of all other causes from the injury. 
 
 Bellows V. Travelers' Insurance Com- 
 pany (Mo. S. C), 
 203 S. W. Rep. 978; 52 Ins. Law Jour. 
 268. 
 
 Pall — Cerebral hemorrhage — Paralysis. 
 
 The policy excepted disability or loss from 
 cerebral hemorrhage, whether caused by acci- 
 dental means or not. Insured fell and struck his 
 head, rupturing a blood vessel and causing a 
 cerebral hemorrhage. The cerebral hemorrhage 
 in turn caused partial paralysis. Held, that there 
 could be no recovery. 
 
 Order of United Commercial Travelers 
 of American v. Dobhs (Texas C. 
 C.A.), 
 204 S. W. Rep. 468; 52 Ins. Law Jour. 
 413. 
 
 Handling infected rags— Kidney disease. 
 
 Kidney disease produced by handling infected 
 rags in the discharge of her duties is within an 
 employer's liability policy, insuring against loss 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 157 
 
 from liability on account of bodily injuries "acci- 
 dentally" suffered. 
 
 Coliimhia Paper Stock Co. v. Fidelity/ 
 Casualty Co. (St. Louis C. A., Mo.), 
 104 Mo. App. 157; 78 S. W. Rep. 320. 
 
 Lifting — Ruptured blood vessel — ^Arterio sclerosis. 
 
 The rupture of a blood vessel caused by the 
 lifting of a considerable weight, together with the 
 fact that the person was at the time suffering with 
 arterio sclerosis, a hardening of the blood vessels, 
 was not an ' ' accident, ' ' within the meaning of 
 that term, in a certificate of a beneficial associa- 
 tion providing for indemnity, in case of acicdental 
 injury. 
 
 Niskern v. United Brotherhood of Car- 
 penters S Joiners of America (N. Y. 
 App. Div.), 
 87 N. Y. Supp. 640; 93 App. Div. 364. 
 
 Shot self in foot — Tetanus or lockjaw — Cut throat 
 while suffering pain — Suicide. 
 
 The policy insured against death resulting 
 from bodily injuries through accidental means 
 alone, independently of all other causes, and pro- 
 vided that it should not cover suicide, sane or 
 insane, or intentional injuries. Insured accident- 
 ally shot himself in the foot. The wound resulted 
 in tetanus or lockjaw, and on the eighteenth day 
 after the accident insured was found dead, with 
 his throat cut and a scalpel in his hand, having 
 also evidently been in the embrace of tetanic 
 
158 EEADY EEFEEENCE INSUEANCE DIGEST 
 
 spasms, causing intense agony at the time of his 
 death. There was also evidence that either the 
 tetanic spasm or the cut would have sufficed to 
 cause the insured's death, while expert witnesses 
 differed in their opinions as to which did cause it. 
 Held, that in this state of the evidence, the ques- 
 tion of the proximate cause of death was for the 
 jury, and it was not error for the Court to refuse 
 to direct a verdict for defendant. 
 
 The jury returned the finding that the shot 
 wound was the proximate cause of death, and it 
 was Held, that this fully justified a judgment for 
 plaintiff. 
 
 Travelers' Insurance Company v. Melick 
 (U. S. C. C. A.), 
 65 Fed. Eep. 178; 12 C. C. A. 544; 27 
 U. S. App. 547 ; 27 L. E. A. 629 ; 6 Ch. 
 L. J. 368; 24 Ins. Law Rep. 430. 
 
 Exercising with Indian clubs— Ruptured blood vessel- 
 Abscess in lungs. 
 
 Where it appeared that one who was insured 
 under an accident policy burst a blood vessel 
 while exercising with Indian clubs, it was held, 
 under a clause in the policy which provided that 
 insurance should not extend to death caused 
 wholly or in part by disease, nor to any case 
 except where the injury was the proximate and 
 sole cause of death, that if the deceased sustained 
 injury by the rupture of a blood vessel in his 
 lungs, and that necessarily produced inflamma- 
 tion, and that necessarily produced a disordered 
 condition of the injured organ, which was in con- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 159 
 
 sequence followed by the formation of abscesses 
 and the accumulation of injurious substances or 
 matter in the lungs, and so there resulted a dis- 
 eased state of the lungs, whereby they could no 
 longer perform their functions, and in conse- 
 quence the insured died; that is, if all these 
 results followed the injury as its necessary conse- 
 quence, and would not have taken place if it had 
 not been for the injury, then the injury could be 
 said to be the proximate cause of death. But if 
 an independent disease supervened upon the in- 
 jury, one not necessarily produced by the injury, 
 or if the alleged injury merely brought into activ- 
 ity a then existing, although slumbering disease, 
 and the death of the deceased was caused wholly 
 or in part by such disease, then it could not be 
 said that the injury was the sole and approximate 
 cause of the death. 
 
 McCarthy v. Travelers' Insurance Com- 
 pany, 
 Fed. Cas. No. 8,682; 8 Biss. 362. 
 
 Jumping from car — Rupture. 
 
 A rupture effected by the insured's jumping 
 from cars, or running to see if they were coming, 
 where he acted for his own convenience, and not 
 from perilous necessity, and without stumbling, 
 slipping, or falling, is not an injury caused by 
 "violent and accidental means" within the condi- 
 tion of an accident policy. 
 
 Southard v. Railway Passengers' Assur- 
 ance Company, 
 Fed. Cas. No. 13,182; 34 Conn. 574. 
 
360 READY KEFEEENCE INSURANCE DIGEST 
 
 Swinging sledge hammer — Strain — Abdomen injured — 
 Hernia. 
 
 Where a blacksmith, who was a hale and hearty 
 man, and accustomed to the use of a sledge ham- 
 mer, immediately after strildng a slanting blow 
 with a sledge hammer was seized with a pain in 
 his abdomen, and it was discovered that he had 
 sustained a rupture resulting in a hernia, which 
 injury caused his death, the question whether the 
 injury was covered by a policy insuring him 
 against bodily injury effected through "external, 
 violent, and accidental means" was for the jury. 
 An accident policy, providing that the insurance 
 shall not cover "injuries or death resulting from, 
 or caused directly or indirectly, wholly or in part, 
 by disease or bodily infirmity, hernia * * * 
 rupture," etc., does not except an injury caused 
 by external violence, and resulting in hernia. 
 
 Atlanta Accident Association v. Alex- 
 ander, 
 104 Ga. 709 ; 30 S. E. Eep. 939 ; 42 L. K. 
 A. 188 ; 28 Ins. Law Jour. 83. 
 
 Lifting a truck — Strain — Hernia. 
 
 Insured, who was a hostler helper in a railway 
 shop, while lifting a truck, gave down and soon 
 died by reason of a hernia. Held, where a policy 
 of accident insurance exempts the insurer from 
 liability if the death is caused by hernia, such 
 stipulation will not release the insurer when the 
 hernia itself is caused by accident. 
 
 Summers v. Fidelity Mutual Aid Asso- 
 ciation, 
 84 Mo. App. 605. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 161 
 
 Finger cut in breaking glass bottle — Septicaemia — 
 Blood poisoning. 
 
 Insured, a physician, while preparing medicine 
 for a patient suffering with syphilis, accidentally 
 broke the neck of a glass bottle and wounded his 
 finger with a piece of glass. He immediately 
 dressed and bandaged it, but he contracted septi- 
 caemia, from which he died. Held, that the acci- 
 dental wounding of the finger, and not the blood 
 poisoning, was the proximate cause of his death, 
 within an accident policy insuring against acci- 
 dental injuries, except death caused from volun- 
 tary or involuntary taking of poison or contact 
 with a poisonous substance. 
 
 Central Accident Insurance Company v. 
 
 Rembe, 
 
 220 111. 151 ; 77 N. E. Rep. 123 ; 5 L. R. 
 
 A. (N. S.) 933; 5 Ann. Cas. 155; 110 
 
 Am. St. Rep. 235 ; 
 
 Ajfirming judgment : 122 111. App. 507. 
 
 Bathing — Seized with cramps — Drowned. 
 
 Where insured was in bathing, and was seized 
 with cramps and drowned, the drowning, and not 
 the cramps, was regarded as the proximate cause 
 of death. 
 
 Knickerbocher Casualty Company v. 
 Jordan, 
 7 Wkly. Law Bui. (Ohio) 71. 
 
 Fall — Somnambulism. 
 
 If one walking in his sleep fell from a window 
 and was killed, somnambulism might be regarded 
 
162 READY REFERENCE INSURANCE DIGEST 
 
 as the proximate cause of death. It would not be 
 so regarded if insured awakened, and falling 
 asleep again, then fell from the window. 
 
 Travelers' Insurance Company v. Har- 
 vey (Va. S. C. A.), 
 82 Va. 949;5S. E. Eep. 553. " 
 
 Carrying baggage — Over-exertion — Loss of sight — 
 Emaciated condition. 
 
 Where insured, while in an emaciated and 
 feeble condition, after safely alighting from a 
 train, carried his baggage weighing sixty or 
 eighty pounds, a distance of about fifty yards, and 
 in so doing received an injury in some way, so 
 that soon after putting the baggage down a defect 
 in the vision of one of his eyes became apparent, 
 which finally resulted in a total loss of the sight 
 of that eye, being pronounced by the attending 
 physician to be due to paralysis of the optic nerve 
 or retina, although he did not fall or receive a 
 blow, jar, or shock of any kind, and there was 
 nothing unusual in his manner of carrying the 
 baggage or in his method of walking while so 
 doing, and the Court said that even if plaintiff's 
 injury was attributable to the carrying of the 
 baggage, it was not effected by "external, violent 
 or accidental means" within the meaning of the 
 policy. 
 
 Cohh V. Preferred Mutual Accident Asso- 
 ciation, 
 96 Ga. 818; 22 S. E, Rep. 976; 25 Ins. 
 Law Jour. 59. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 163 
 
 Blow — Pitching hay and fork slipped injuring bowels 
 — Peritoneal Inflammation. 
 
 Where insured, who had formerly been a 
 farmer, while pitching hay in the field of a rela- 
 tive whom he was visiting, received an injury 
 caused by the handle of a pitchfork, which he was 
 using, slipping through his hand and striking him 
 in the bowels, producing peritoneal inflammation 
 resulting in death, it was Held, that the death 
 resulted from an injury occasioned by accident. 
 North American Life & Accident Com- 
 pany V. Burroughs, 
 69 Pa. St. 43; 8 Am. E. 212. 
 
 Abrasion of skin of toe by new shoes — Blood poisoning. 
 
 Where an abrasion of the skin of a toe, due to 
 wearing new shoes, resulted in blood poisoning 
 which caused the death of the insured, the insurer 
 was held liable. 
 
 If a disease resulting in death is the effect of 
 an accident, so as to be a mere link in the chain 
 of causation between the accident and the death, 
 the death is attributable, not to the disease, but 
 to the accident alone. 
 
 Western Commercial Travelers' Associa- 
 tion V. Smith (U. S. C. C. A., 8th 
 Cir., Mo.), 
 85 Fed. Rep. 401; 29 C. V. A. 223; 56 
 
 U. S. App. 393; 40 L. E. A. 653; 27 
 Ins. Law Jour. 530. 
 
164 BEADY EEFEBENCE INSUKANCE DIGEST 
 
 Eating unsound oysters — Ptomaine poisoning. 
 
 Where insured knowingly ate oysters, but did 
 not know that he was eating unsound oysters, his 
 death, which was caused thereby, was not the 
 natural and probable consequence of eating sound 
 oysters, and the effect produced by the eating of 
 the unsound oysters could not have been reason- 
 ably anticipated or foreseen, and unusual, and 
 therefore it cannot be said that he voluntarily ate 
 the unsound oysters. This being true, his death 
 was caused by "accidental means" as that term is 
 used in the policy of insurance. 
 
 Maryland Casualty Company v. Hudgins 
 
 (Texas Civ. A.), 
 72 S. W. Eep. 1047; 32 Ins. Law Jour. 
 
 665. 
 
 Reversed, as follows : 
 
 A policy insuring against bodily injuries 
 through external, violent and accidental means, 
 but excepting from its operation injuries result- 
 ing from poison of anything accidentally or other- 
 wise taken, save by choking in swallowing, does 
 not insure against death caused by the voluntary 
 eating of spoiled oysters, whether the oysters 
 were poisonous or not, or whether they were 
 taken accidentally or not. 
 
 Maryland Casualty Company v. Hudgins, 
 
 97 Tex. 124; 76 S. W. Rep. 745; 64 L. 
 
 R. A. 349; 1 Ann. Cas. 252; 104 Am. 
 
 St. Rep. 857 ; 33 Ins. Law Jour. 207. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 165 
 
 Fit — Pall on railroad tracks — Run over by train. 
 
 Where the policy provided against accidental 
 injuries the direct or sole cause of death, but 
 excepted "death * * * arising from fits * * * 
 or any disease whatsoever arising before or at the 
 time or following such accidental injury (whether 
 consequent upon such accidental injury or not, 
 and whether causing such death * * * directly 
 or jointly with such accidental injury)," and it 
 appeared that the insured while at a railway sta- 
 tion was seized with a fit and fell forward off the 
 platform across the railway, when an engine 
 passed over his body and killed him, it was Held, 
 that the death of the insured was caused by acci- 
 dent within the meaning of the policy, and that 
 the insurers were liable, the only question being 
 whether death was due to the accident or to the 
 fit. 
 
 Lawrence v. Accidental Insurance Com- 
 pany, 
 7 Q. B. D. 216; 50 L. J. Q. B. 522; 45 
 L. T. 29; 29 W. R. 802; 45 J. P. 781. 
 
 Trimming com — Cut foot — Blood poisoning. 
 
 Death resulting from a self-inflicted knife cut 
 made by an insured while trimming a corn, which 
 was followed by blood poisoning, is one from 
 "accidental, external and violent" injury, within 
 the meaning of an accident policy. 
 
 Nax v.- Travelers' Insurance Company 
 (U. S. C. C, Pa), 
 130 Fed. Rep. 985; 37 Ch. L. N. 89; 33 
 Ins. Law Jour, 920. 
 
166 BEADY EEFEREN-QE INSURANCE DIGEST 
 
 Eeversed on other grounds : 
 
 Travelers' Insurance Company v. Nax, 
 142 Fed. Rep. 653; 73 C. C. A. 649; 35 
 Ins. Law Jour. 539. 
 
 Punctured hand with embalming needle — Blood 
 poisoning. 
 
 Insured in an accident insurance policy insuring 
 against death through external, violent and acci- 
 dental means, sustained a physical injury while 
 embalming a dead body. The injury consisted of 
 a puncture of the palm of the hand with the point 
 of an embalming needle, which induced blood 
 poisoning, causing death three weeks later. The 
 proof of death proved the external wound on the 
 hand of the insured, and that blood poisoning 
 therefroija caused his death. It also showed a 
 combination of circumstances indicating that the 
 wound had been received in embalming a dead 
 body. It was shown by a witness acquainted with 
 the instrument that the shape and appearance of 
 the wound were such as could have been produced 
 by the point of an embalming needle. Held, that 
 the proof sufficiently showed an accidental injury 
 and the accidental nature of the death of insured. 
 
 Also Held, that this was not within the excep- 
 tion in the policy, "contact with poisonous sub- 
 stances." 
 
 Simpkins v. HawTceye Commercial Men's 
 Association, 
 148 Iowa 543; 126 N. W. Rep. 192; 39 
 Ins. Law Jour. 1069. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 167 
 
 Swallowed fishbone — Fishbone lodged in rectum — 
 Blood poisoning. 
 
 The policy insured against injuries received 
 "through external, violent and accidental 
 means." Insured's death was caused by a fish- 
 bone he had swallowed lodging in his rectum, 
 which caused blood poisoning. Held, that this 
 was from external means ; also that as he is pre- 
 sumed to have given heed to the instincts of self- 
 preservation, it is not to be inferred that he 
 swallowed the bone voluntarily. 
 
 Jenkins v. Hawkeye Commercial Men's 
 Association, 
 147 Iowa 113; 124 N. W. Eep. 199; 30 
 L. E. A. (N. S.) 1181, and note; 39 
 Ins. Law Jour. 434. 
 
 Foot cut on broken earthenware pan — ^Erysipelas. 
 
 Where insured accidentally cut his foot against 
 the broken side of an earthenware pan and died 
 shortly thereafter from intervening erysipelas, 
 the insurer was held not liable under a policy 
 excepting "any other disease or secondary cause 
 or causes arising." 
 
 Smith V. Accident Insurance Company, 
 L. E. 5 Exch. 302 ; 39 L. J. Ex. 211 ; 22 
 L. T. 861 ; 18 W. E. 1107. 
 
 Epileptic fit — Fell into stream — Drowned. 
 
 Where insured under a policy excepting "in- 
 jury caused by, or arising from natural disease, or 
 weakness or exhaustion consequent upon dis- 
 
168 EEADY EEFEEENCE INSURANCE DIGEST 
 
 ease," was seized with an epileptic fit while 
 crossing a stream and fell into the stream and was 
 drowned while suffering from the fit, it was Held, 
 that the accident was within the policy, and not 
 within the exception. 
 
 W'inspear v. Accident Insurance Com- 
 pany, 
 6 Q. B. D. 42; 43 L. T. (N. S.) 459; 29 
 W. E. 116. 
 
 Disease or accident. 
 
 In an action for a loss on a policy against death 
 by accident a statement made by deceased to his 
 physician, upon which the physician forms his 
 opinion, and makes a prescription, is competent 
 evidence to prove what was the actual cause of his 
 illness and death, although the symptoms are 
 such as might be produced either by disease or by 
 the accident. 
 
 Ddbher't v. Travelers' Insurance Com- 
 pany, 
 2 Cinn. Sup. Ct. Eep. 92; 13 Ohio Dec. 
 792. 
 
 Typhoid fever — Accident — Disease. 
 
 The opinions of attendants or relatives who are 
 non-experts in medical science, and who were 
 shown to have nursed not more than two or three 
 typhoid fever patients, that the insured did not 
 
ACCIDENT, DEFINED ; DISEASE DISTINGUISHED 169 
 
 have typhoid fever and that his death was due to 
 accidental causes, are not admissible. 
 
 American Accident Company v. Fidler's 
 Admrx. (Ky. C. A.), 
 18 Ky. Law Rep. 161 ; 35 S. W. Rep. 
 
 905; 
 Affirmed: 36 S. W. 528; 20 Ky. Law 
 Rep. 1206; 49 S. W. Rep. 1110. 
 
 Fall in street — Leg injured — ^Abrasion and bruises on 
 Hip and knee — Disease. 
 
 Under a poUcy promising indemnity in case of 
 death results solely because of bodily injuries, 
 effected by external, violent and accidental means, 
 and independently of all other causes, where it was 
 alleged insured suffered a fall on the street and 
 the evidence showed he had abrasions and bruises 
 on his hip and knee, it was held the company 
 would not be liable if at the time of the accident 
 insured was suffering from a pre-existing disease, 
 and death would not have resulted from the acci- 
 dent in the absence of such disease, but insured 
 died because the accident aggravated the effects 
 of the disease, or the disease the effects of the 
 accident. 
 
 National Masonic Accident Association 
 
 of Des Moines v. Shryock (U. S. C. 
 
 C. A., 8th Cir.), 
 73 Fed Rep. 774 ; 20 C. C. A. 3 ; 36 U. S. 
 
 App. 658. 
 
170 READY EEFEEENCB INSURANCE DIGEST 
 
 Accidental injury causing bodily disease or infirmity. 
 
 A policy provided that the company would not 
 be liable if death resulted wholly or in part from 
 disease. The jury were instructed that although 
 death was caused in part by bodily infirmity and 
 disease, yet if the insured received accidental in- 
 juries, and such bodily infirmity or disease was 
 caused by, or was the direct result of, the injuries, 
 then the fact that such bodily infirmity or disease 
 contributed to the death of the insured would be 
 no defense. Held, that the instruction was 
 proper, and judgment was rendered for plaintiff. 
 Coulter V. Travelers' Protective Associa- 
 tion of America, 
 144 111. App. 255. 
 
 Lifting — Strain — Intestines inflamed — Presumption of 
 accident. 
 
 In an action on an accident policy, an allegation 
 that deceased accidentally and fatally strained his 
 body "by lifting a box of ashes and cinders," 
 from which injury he died, is not sustained by evi- 
 dence that deceased was in the habit of carrying 
 out certain ashes every evening, and that on the 
 evening of the alleged injury he was seen shovel- 
 ing ashes into a wooden box in which he usually 
 carried them out ; that the ashes were carried out 
 that evening, though no one saw him lift the box 
 and carry them out ; and the further evidence that 
 he died of intense inflammation of the intestines, 
 superinduced, in their opinion, by some strain or 
 external violence, as the presuinption that the 
 deceased lifted the box of ashes cannot be in- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 171 
 
 dulged by the further presumption that death 
 ensued from the injury thereby sustained. 
 
 Globe Accident Insurance Company v. 
 Gerish, 
 163 lU. 625; 45 N. E. Rep. 563; 54 Am. 
 St. Eep. 486. 
 
 Abrasion caused by use of bath brush — Limb injured — 
 Blood poisoning. 
 
 Plaintiff claimed that insured died of blood 
 poisoning due to an abrasion caused by the use 
 of a brush in the hands of a bath attendant. Held, 
 a condition in a policy exempting from liability 
 for death caused wholly or partially from disease 
 or bodily or mental infirmity operates only where 
 the disease or infirmity contributes, either 
 directly or indirectly to the death. 
 
 Vernon v. Iowa State Traveling Men's 
 Association, 
 158 Iowa 597; 138 N. W. Eep. 696; 42 
 Ins. Law Jour. 322. 
 
 Hernia — Disease. 
 
 The policy consisted of two distinct parts, one 
 portion insuring against accidents and the other 
 providing for indemnity in case of disease or ill- 
 ness. In the health portion the company agreed 
 to indemnify for a surgical operation for scrotal 
 or abdominal hernia. The accident portion con- 
 tained no provision for indemnity for such an 
 operation. Held, that under the policy hernia was 
 classed as a disease, or the result of a disease, and 
 
172 EEADY RBFEEEWCE INSURANCE DIGEST 
 
 not as a result of an accident, regardless of 
 medical views on the question, and the company 
 was estopped, after so classifying it, to say it was 
 other than a disease. 
 
 Hilts V. United States Casualty Company 
 (St. Louis C. A.), 
 176 Mo. App. 635; 159 S. W. Rep. 771; 
 42 Ins. Law Jour. 1788. 
 
 Leg injured — Septicaemia — Blood poisoning. 
 
 A policy of accident insurance provided that in 
 case of loss by accident "caused or contributed to 
 * * * by septicaemia," the insurer should be 
 liable for only one-half the ordinary accident in- 
 demnity specified for such loss, and that loss of 
 life by accident should be "deemed to mean death 
 from bodily injuries * * * effected solely and 
 exclusively by external, violent and accidental 
 means." There was evidence tending to show 
 that insured had accidentally sustained an injury 
 to his leg; that septicaemia set in, and death 
 resulted. Held, that if the septicaemia was solely 
 the result of the injury to the leg, the death was 
 caused by bodily injury "effected solely and ex- 
 clusively by external, violent and accidental 
 means," within the terms of the policy, and the 
 provision restricting the right of recovery to one- 
 half the amount of the policy did not apply. 
 
 Blood poisoning, not caused by any disease or 
 bodily infirmity of an insured at the time of the 
 
ACCIDEITT, defined ; DISEASE DISTINGUISHED 173 
 
 injury, but resulting solely from the accident, is 
 not a contributory cause of his death therefrom. 
 New Amsterdam Casualty Company v. 
 Mays (D. C. S. C), 
 43 Washington Law Eep. 39; 43 App. 
 D. C. 84. 
 
 Abscess in oesophagus — Choked on food. 
 
 Where the insured dies from the contributing 
 causes of choking on food and a pre-existing 
 abscess in the oesophagus, no recovery can be had 
 under a policy providing for payment if the 
 insured "should receive bodily injury which was 
 effected directly and independently of all other 
 causes through external, violent and purely acci- 
 dental means resulting in death of insured neces- 
 sarily and solely from such injury"; and it i^ 
 immaterial whether the abscess alone was neces- 
 sarily fatal, when recovery is sought on a policy 
 providing for payment in case of death from 
 bodily injury effected directly and independently 
 of all other causes through external, violent and 
 purely accidental means. 
 
 Crandall v. Continental Casualty Com- 
 pany, 
 179 111. App. 330; 46 Ins. Law Jour. 
 737. 
 
 Hanging — Insane — Suicide — Self-destruction — Bodily 
 infirmities, etc. 
 
 Death by hanging when the insured was insane 
 is not within the exception that the insurance 
 
174 READY EEFEKENCE INSUKANCE DIGEST 
 
 should, not extend to death or disability "which 
 may have been caused wholly or in part by^ bodily 
 infirmities or disease"; the death being caused, 
 not by bodily infirmity or disease, but by the act 
 of self-destruction. 
 
 Crandal v. Accident Insurance Company 
 (U. S. C. C), 
 27 Fed. Eep. 40. 
 
 Affirmed, as follows: 
 
 A policy of insurance against "bodily injuries 
 effected through external, accidental and violent 
 means," and occasioning death or complete disa- 
 bility, providing that the insurance "shall not 
 extend to death or disability which may have been 
 caused wholly or in part by bodily infirmities or 
 disease, or by suicide or self-inflicted injuries," 
 covers a death of the insured by hanging himself. 
 Accident Insurance Company v. Crandal, 
 120 U. S. 527 ; 7 Sup. Ct. 685 ; 30 L. Ed. 
 740. 
 
 Apoplesxy — Pall into water— Drowned. 
 
 Assuming some sudden seizure caused deceased 
 to fall into the water or came on him after he had 
 accidentally fallen, it does not necessarily follow 
 that his death was not caused by drowning. 
 
 The fact that the body of a person who was 
 seen struggling in the water did not sink, as is 
 usual in cases of drowning, is not conclusive that 
 
ACCIDENT, DEFIHTED; DI SEASE DISTINGUISHED 175 
 
 the cause of death was apoplexy or sudden seiz- 
 ure, rather than drowning. 
 
 Burnham v. Interstate Casualty Com- 
 pany of New York, 
 117 Mich. 142; 5 Detroit Leg. N. 167; 
 75 N. W. Eep. 445; 27 Ins. Law 
 Jour. 688. - 
 
 Disease — Defense — Rev. St. Ohio. 
 
 Where an accident policy stipulates that the 
 insurer shall not be liable on account of the death 
 of the insured from disease, the stipulation is 
 available as a defense notwithstanding Eev. St. 
 sec. 3625, 3628, relating to defenses on the ground 
 of fraudulent applications, but which are not 
 applicable to a defense founded upon a limiting 
 stipulation in the policy. 
 
 JEtna Life Insurance Company v. Dor- 
 ney (Ohio S. C), 
 68 Ohio St. 151 ; 67 N. E. Eep. 254. 
 
 Swallowed hard substance — Intestinal canal perforated 
 — Intestinal tissues weakened by previous sickness. 
 
 Under a policy insuring the holder against 
 "bodily injuries sustained through external, vio- 
 lent and accidental means" but excepting "in- 
 juries, fatal or otherwise, resulting from poison, 
 or anything accidentally or otherwise taken, 
 administered, absorbed, or inhaled, * • * or 
 any disease or bodily infirmity," and providing 
 for the payment to his legal representatives of the 
 full amount of the policy in case of death result- 
 
176 READY REFERENCE INSURANCE DIGEST 
 
 ing within ninety days from any of the injuries 
 insured against, independently of all other causes, 
 a complaint states a cause of action which alleges 
 that the insured sustained bodily injuries by swal- 
 lowing certain hard, pointed, and resistent sub- 
 stances of food, which accidentally, by reason of 
 the weakened condition of his intestinal tissues, 
 caused by an illness from which he had otherwise 
 recovered, and which weakened condition was 
 unknown to him, so perforated and wounded his 
 intestinal canal as to cause death within ninety 
 days after receiving such injuries, and such 
 injuries are covered by the policy. 
 
 Miller v. Fidelity S Casualty Company 
 (U. S. C. C. A., New York), 
 97 Fed. Rep. 836. 
 
 Septic matter coughed into eye — Infection — Blood 
 poisoning — No abrasion, etc. 
 
 An accident policy covered, inter alia, blood 
 poison sustained by physicians or surgeons result- 
 ing from septic matter introduced into the system 
 through "wounds" suffered in professional 
 operations. Plaintiff, a dentist, was operating on 
 a patient, who suddenly coughed and particles of 
 septic matter from the mouth were thrown against 
 the mucous membrane of plaintiff's eye. The 
 septic matter, without abrading, penetrating or 
 bruising the membrane, infected it and caused 
 blood poisoning. Held, that plaintiff had not 
 received any wound, within the meaning of the 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 177 
 
 policy, and was not entitled to recover under such 
 provision. 
 
 Fidelity & Casualty Company of New 
 York V. Thompson (U. S. C. C, 8th 
 Cir., Colorado), 
 154 Fed. Eep. 484; 83 C. C. A. 324; 12 
 Ann. Cas. 181; 11 L. E. A. (N. S.) 
 1069; 40 Ch. L. N. 51; 36 Ins. Law 
 Jour. 945. 
 
 Contact with poison ivy — Infection of hand — Poison-^ 
 Disease. 
 
 Since the word "accidental" is descriptive of 
 means which produce effects which are not their 
 natural and probable consequences, where insured 
 died as the result of his hand coming in contact 
 with poison ivy while he was cutting a branch in 
 the woods near a city, his death was "accidental" 
 within the meaning of the policy. 
 
 Dent V. Railway Mail Association (U. S. 
 C. C, Minnesota), 
 183 Fed. Rep. 840; L. R. A., 1915- A, 
 314; 40 Ins. Law Jour. 828. 
 
 Judgment modified as follows : 
 
 Held, within the terms of an accident policy, 
 and such death did not result from poison "taken 
 or administered," nor from disease, within the 
 exceptions in an accident policy. 
 
 Railway Mail Association v. Dent (U. S. 
 C. C. A., Minnesota), 
 213 Fed. Eep. 981; 130 C. C. A. 387; 
 44 Ins. Law Jour. 304. 
 
178 READY REFERENCE INSURANCE DIGEST 
 
 Abrasion of skin accidental — Infection — Blood poison- 
 ing. 
 
 "WTxere insured suffers an abrasion of the skin 
 through accidental means and blood poisoning 
 follows, from which he dies, the death in such 
 case is not a ''death resulting from infection." 
 The injury in such case is the proximate cause of 
 death. 
 
 Where germs causing blood poisoning entered 
 abrasion caused by accident, death Held to have 
 resulted directly and without any intervening 
 cause from bodily injury, within an accident 
 policy. 
 
 Ballagh v. Interstate Business Men's 
 
 Accident Association, 
 
 176 Iowa 110; 155 N. W. Rep. 241; 
 
 L. E. A., 1917- A, 1050; 47 Ins. Law 
 
 Jour. 323. 
 
 Rehearing denied: 157 N. W, Rep. 726. 
 
 Eye injured — Loss of eye from negligent treatment. 
 
 An accident policy held not to entitle insured to 
 weekly indemnity for injury to his eye, which was 
 destroyed, where the injury itself did not destroy 
 the eye, but negligent treatment did, and incapac- 
 ity to attend business did not occur until after the 
 treatment. 
 
 Hummer v. Midland Casualty Company, 
 181 Mich. 386; 148 N. W. Rep. 413; 44 
 Ins. Law Jour. 473. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 179 
 
 Fell or jumped from steamer — drowned — Nephritis. 
 
 The death of insured held the promixate result 
 of an illness, and not an accident, where the 
 insured, while suffering from nephritis, and who 
 was delirious part of the time, either fell or 
 jumped overboard from an ocean steamer. 
 
 Rathman v. New Amsterdam Casualty 
 Company (Mich. S. C), 
 186 Mich. 115; 152 N. W. Rep. 983; 
 L. E. A., 1915-E, 980; Ann. Cas., 
 1917-C, 459; 57 L. E. A. (N. S.) 980; 
 46 Ins. Law Jour. 373. 
 
 Railroad accident — Paralysis. 
 
 Where the paralysis is a direct incident and a 
 part of the bodily injury effected through ex- 
 ternal, violent or accidental means, under an in- 
 surance policy providing for indemnity at the rate 
 of $100 per month for disability, not exceeding 
 24 months, resulting from injuries sustained 
 while riding within a passenger car, and also 
 limiting the company's liability to four weeks in 
 any one year for disability due to either accident 
 or iUness resulting from paralysis, the company 
 is liable for 24 monthly payments for paralysis 
 resulting from a railroad accident. 
 
 Moore v. General Accident, Fire S Life 
 
 Insurance Corporation, 
 158 N. C. 305; 73 S. E. Rep. 1002; 41 
 
 Ins. Law Jour. 194. 
 
180 READY EEFEREKTCE INSURANCE DIGEST 
 
 Fall produced insanity — Suicide. 
 
 The death of a person who kills himself while 
 insane cannot be considered to be accidental, so 
 as to be covered by an insurance policy excepting 
 the case of a person dying by his own hand, sane 
 or insane, because his insanity was produced by 
 a fall received in an accident. 
 
 In this case the insured killed himself while 
 insane, and the beneficiary contended that she 
 should have been permitted to go to the jury on 
 the question as to whether the infirmity was due 
 to an injury which the insured had received six 
 weeks before. The court said that under the evi- 
 dence the accident did not seem to have had any- 
 thing to do with the insanity, but that even if the 
 accident was the producing cause of the insanity, 
 and by reason of such insanity the insured took 
 his own life, it would not logically follow that the 
 suicide or self-destruction was caused by the 
 injury ; that the cause and effect were too remote 
 and unconnected and the question as to whether 
 the injury was the cause of the killing was too 
 conjectural to be submitted to the jury. 
 
 Streeter v. Western Union Mutual Life 
 <& Accident Society, 
 65 Mich. 199 ; 31 N. W. Kep. 779 ; 8 Am. 
 St. Eep. 882. 
 
 Over-exertion — Strain — Carrying casket downstairs- 
 Dilation of heart. 
 
 Death from dilation of heart from over-exertion 
 causing strain resulting from carrying heavy 
 
 .;'J 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 181 
 
 casket down flight of stairs without slipping or 
 stumbling, is not due to "accidental means." 
 
 Rock V. Travelers' Insurance Company 
 (Cal. S. C), 
 156 Pac. Eep. 1029; 47 Ins. Law Jour. 
 717. 
 
 Struck by pole — Strain — Over-exertion. 
 
 The policy insured against death resulting from 
 "bodily injuries effected through external, violent 
 and accidental means." The insured was a 
 bridge builder, and while raising the bents of a 
 bridge the foot of one of the parts slipped, and an 
 unexpected weight was thrown on the pike poles 
 in the hands of the men, and the insured was 
 either struck by the end of his pole or subjected 
 to a strain of great severity, and was disabled and 
 subsequently died. Held, sufi&cient evidence to 
 go to the jury on the question whether the death 
 resulted solely from the accident, and the over- 
 exertion used to avoid being crushed by a descend- 
 ing weight is not within the exception as to over- 
 exertion, etc. 
 
 Reynolds v. Equitable Accident Associa- 
 tion, 
 
 59 Hun, 13; 1 N. Y. Supp. 738; 
 
 Affirmed : 121 N. Y. 649 ; 24 N. E. Kep. 
 1091. 
 
 Insect bite — Venom — Poison. 
 
 Where in an action on an accident policy pro- 
 viding that the insurance should not extend to an 
 
182 READY REFERENCE INSURANCE DIGEST 
 
 injury caused by "poison in any form or man- 
 ner," it appeared that the insured was stung or 
 bitten by some venomous insect, the question 
 whether or not the injury resulted from poison in 
 the sense of the policy, was properly left to the 
 jury under an instruction from the Court distin- 
 guishing venom from poison. 
 
 Preferred Mutual Accident Association 
 V. Beidelman (Pa), 
 1 Monag. 481. 
 
 Morphia injection — Leg injured with hypodermic 
 needle — Blood poisoning. 
 
 The policy insured against " bodily injuries sus- 
 tained through external, violent and accidental 
 means." Plaintiff, a physician and surgeon, tes- 
 tified that in administering to himself in the leg, 
 for extreme exhaustion, medicine with a hypo- 
 dermic needle, his carriage, in which he was rid- 
 ing at the time, suddenly started, by reason 
 whereof he inserted the needle deeply into his leg, 
 causing an injury thereto, and, on account of and 
 by means of which, blood poisoning and suppura- 
 tion immediately set in, whereby he was disabled. 
 His attending physician stated that the morphia 
 injected had nothing to do with the condition of 
 plaintiff; that it was the introduction of the 
 needle, together with some condition of the skin 
 or needle that caused the trouble ; that either the 
 needle was not clean or the skin was not. At the 
 close of plaintiff's evidence a non-suit was 
 granted. Held, that the Court erred in granting 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 183 
 
 the non-suit ; that it was a question upon the evi- 
 dence for the jury as to whether the injury was 
 the result of external, violent and accidental 
 means. Company liable. 
 
 Bailey v. Interstate Casualty Company 
 (N. Y. S. C, App. Div.), 
 40 N. Y. Supp. 513 ; 8 App. Div. 127. 
 Affirmed: 158 N. Y. 723; 53 N. E. Rep. 
 1123. 
 
 Finger cut or lacerated accidentally — ^Erysipelas. 
 
 In an action on an accident policy which pro- 
 vided that the insurance should not extend "to 
 injuries of which there should be no visible mark 
 on the body of the insured," where the answer 
 admitted the death of deceased from erysipelas 
 ensuing upon the accidental cutting and laceration 
 of one of his fingers, the subsequent allegation 
 that "there was no visible mark of said alleged 
 accidental injury upon the body of plaintiff's 
 testator" is repugnant to the admission, and the 
 defense is not well pleaded. 
 
 Bernays v. United States Mutual Acci- 
 dent Association of N. Y. 
 45 Fed. Rep. 455; 20 Ins. Law Jour. 
 852. 
 
 Lifting heavy substance which fell or struck assured — 
 Lungs or stomach injured — ^Blood vessel ruptured — 
 Lifting and straining. 
 
 In an action on an accident policy insuring 
 "against loss effected solely, directly and inde- 
 
184 READY REFERENCE INSURANCE DIGEST 
 
 pendently of all other causes, by bodily injuries 
 sustained through external, violent and accidental 
 means," for the death of assured alleged to have 
 been caused from bodily injuries to his lungs or 
 stomach, or the rupture of some blood vessel, 
 caused by being strained in lifting and handling 
 some heavy substance, and the said substance 
 while being so lifted or handled, fell against or 
 struck assured, causing said injury, the company 
 was held liable. 
 
 Pervanger v. Union Casualty S Surety 
 Company, 
 85 Miss. 31; 37 So. Rep. 461. 
 
 Lifting — exertion — Dilation of heart. 
 
 A policy insured deceased against the effects of 
 bodily injuries caused solely by external, violent 
 and accidental means. Deceased was a strong, 
 apparently healthy man,.58 years of age, who had 
 never been sick, and who was accustomed to lift 
 from 200 to 250 pounds without difficulty. Imme- 
 diately after making a lift of 350 to 400 pounds 
 bar, he became sick and pale, his extremities 
 became cold, and cold perspiration stood out on 
 his face and hands, and the exertion caused a vio- 
 lent dilation of the heart. Held, t"hat the accident 
 was within the terms of the policy. 
 
 Horsfall v. Pacific Mutual Life Insurance 
 
 32 Wash. 132; 72 Pac. Eep. 1028; 63 
 L. R. A. 425 ; 98 Am. St. Rep. 846. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 185 
 
 Contact with poison ivy — Inflammation of eyes — Poison 
 or infection. 
 
 Where an accident policy provides that insur- 
 ance shall not cover injury resulting from any 
 poison or infection, or from anything accidentally 
 or otherwise taken, administered, absorbed or 
 inhaled, no recovery can be had for inflammation 
 of the eyes in consequence of accidentally coming 
 in contact with poison ivy whereby the irritating 
 poison was absorbed into the eye. 
 
 Preferred Accident Insurance Company 
 V. Robinson, 
 45 Fla. 525; 33 So. Rep. 1005; 61 L. R. 
 A. 145; 3 Ann. Cas. 931. 
 
 Thrown against side of car — Back and kidneys injured 
 — Bright 's disease. 
 
 The policy provided for benefits in case of death 
 through external, violent, and purely accidental 
 causes, solely and independently of all other 
 causes. The insured, who was a brakeman on a 
 freight train, started to get on the caboose, and 
 missed one hand-hold and hung on with the other 
 one. He was thrown against the end sill of the 
 caboose, and was limping when he came into the 
 caboose in the presence of the witnesses. Two 
 days after he was hurt the insured had to quit 
 work and take to his room or bed where he 
 remained until his death a little more than two 
 months later. There were bruises upon his back, 
 one of them just below the shoulder blade and 
 another just over the right kidney. He com- 
 
186 BEADY ftEFEKENCE INSURANCE DIGEST 
 
 plained of great soreness of the back, and within 
 ten days after receiving his injuries became un- 
 able to relieve himself of his urine and a catheter 
 had to be used upon him for that purpose. The 
 attending physician testified that he had been 
 called to see the injured before the injury and 
 had never known him to be affected in any way, 
 or to have any trouble with his kidneys. The 
 physician made an examination of insured's urine 
 and discovered that he had Bright 's disease, but 
 thought the injury the exciting or proximate 
 cause of it; and he and another physician, who 
 also visited the insured, both testified that per- 
 sons with Bright 's disease often lived fifteen or 
 more years, and that even some aggravated cases 
 recovered. The evidence also showed that the 
 insured was a reasonably healthy and vigorous 
 man before receiving his injuries. Held, that 
 taking the testimony as a whole, and especially 
 the inference that may be drawn from the state- 
 ments of the physician, that but for his injuries 
 the insured might not have had Bright 's disease, 
 and that the injuries alone were such as might 
 have produced death, we are not prepared to say 
 that there was no evidence to support the verdict. 
 The verdict was in favor of plaintiff, and was 
 affirmed against company. 
 
 Continental Casualty Company v. Hunt 
 
 (Ky. C. a..), 
 28 Ky. Law Rep. 1006; 90 S. W. Kep. 
 
 1056. 
 
ACCIDENT, DEFINED ; DISEASE DISTINGUISHED 187 
 
 Fall — Fatty degeneration of heart. 
 
 Where it was alleged insured suffered a fall on 
 the street and the evidence showed he had abra- 
 sions and bruises on his hip and knees, and it 
 appeared that the insured after his death was 
 found to have had fatty degeneration of the 
 heart. Held, where there is a conflict of evidence 
 as to whether an accident or a disease caused the 
 death of one insured against death by accident, 
 the question is for the jury. Judgment affirmed 
 against company. 
 
 Modern Woodmen Accident Association 
 v.Shryock (Neb. S. C), 
 54 Neb. 250; 74 N. W. Eep. 607; 39 
 L. E. A. 826 ; 27 Ins. Law Jour. 772. 
 
 Fall into cistern — Drowned — Insanity or insane delu- 
 sion. 
 
 If insured fell into a cistern and was drowned 
 while trying to hide herself from imaginary pur- 
 suers in an insane delusion, the accidental fall, 
 and not her volitional act, was the proximate 
 cause of her death. 
 
 Christy v. American Temperance Life 
 Insurance Company, 
 123 N. Y. Supp. 740; 68 N. Y. Misc. 
 Eep. 178; 39 Ins. Law Jour. 1192. 
 
 Swung against moving car — ^Appendicitis — Surgical 
 Operation — Not immediate disability. 
 
 The policy insured against "total disability 
 resulting immediately, continuously and solely 
 
188 BEADY BEFERENCE INSUEANCE DIGEST 
 
 from accidental injuries." On August 6, while 
 insured was trying to get on a moving car, he 
 swung against the side of the car injuring himself. 
 Finally, on August 16, he was operated on for 
 appendicitis. He died on August 21. Held, that 
 the accident was not of such character as to be 
 within the terms of the policy. It was not fol- 
 lowed by immediate, continuous and total disa- 
 bility. While the word "immediate" should not 
 be said to mean instantaneous, yet where several 
 days elapse, during which time insured was able 
 to perform his usual duties, it could not be said 
 that the accident caused immediate disability. 
 
 Mullins V. Masonic Protective Associa- 
 tion (Kansas City C. A.), 
 181 Mo. App. 394; 168 S. W. Eep. 843; 
 44 Ins. Law Jour. 470. 
 
 Accidental injury — Orchitis. 
 
 Where an accident policy provided that "no 
 disability shall constitute a claim for accident 
 * * * nor for injury, sickness, or disabiUty 
 which results from or is attributable to * * * 
 orchitis." It is conceded that plaintiff's disabil- 
 ity was due to orchitis. Held, that, whether the 
 orchitis resulted originally from an accident or 
 not seems to be of little moment, under the 
 express provision of the contract. 
 
 Sweeney v. National Relief Assurance 
 Association (N. Y. S. C, App. Tr.), 
 101 N. Y. Supp. 797; 52 Misc. 144. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 189 
 
 Cranking automobile — Pall — Injured stomach — Cysts 
 on kidney. 
 
 The policy insured against death caused "di- 
 rectly, independently and exclusively of all other 
 causes from bodily injuries effected solely 
 through accidental means." While cranking his 
 automobile insured apparently lost his footing on 
 the loose and sandy surface of the roadway and 
 fell on his stomach. He immediately began to 
 suffer pain. In the night he was feverish and his 
 urine soon became bloody. Three days after- 
 wards he took to his bed, and just a week after- 
 wards was removed to a sanitarium and his left 
 kidney removed. It was found to be covered with 
 large cysts. There was medical testimony, con- 
 flicting upon the point, whether this condition of 
 the kidney could have been produced by the fall, 
 and as to whether or not the kidney had been dis- 
 eased before the date of the fall. Held, that 
 under this evidence it was a question for the jury 
 as to whether or not insured's death resulted 
 solely from accidental means; also Held, the in- 
 juries so sustained were "accidental" within the 
 meaning of an accident policy. 
 
 Preferred Accident Insurance Company 
 
 V. Patterson (U. S. C. C. A., 3rd Cir., 
 
 New Jersey), 
 213 Fed. Eep. 595; 130 C. C. A. 175; 
 
 44 Ins. Law Jour. 297. 
 
190 READY EEFEKENCE IN-SURANCE DIGEST 
 
 Stepped from sidewalk to street — Jolt — Bowel injured 
 — Intussusception. 
 
 Insured while hastening to a train, stepped 
 from sidewalk to the street, receiving a jolt, be- 
 cause of which he made immediate complaint. He 
 was a physician, and as soon as he reached home 
 procured medicine which he took. His brother, 
 who was also a physician, treated him from the 
 time of the jolt, until he died, as well as two other 
 physicians who were called into the case, testified 
 that in their judgment the jolt which he received 
 when he stepped from the pavement caused a 
 bowel to slip into the other; that this had pro- 
 duced the pain which immediately followed, and 
 also caused the tenderness and swelling of the 
 bowels which soon thereafter set up ; that at first 
 the obstruction of the bowel was partial, but that 
 later the obstruction became total, and after this 
 they were unable to get any action of his bowels, 
 and he died from intussusception. The beneficiary 
 sustained her theory as to the causes of death by 
 four physicians whom she introduced. The com- 
 pany introduced four physicians, who did not see 
 deceased or know his symptoms, who gave it as 
 their opinion that his death could not have been 
 caused by intussusception. Held, that the evidence 
 sustained the finding that insured had died from 
 intussusception, caused by the jolt, a bodily injury 
 effected through external, violent and accidental 
 means. 
 
 General Accident & Life Assurance Cor- 
 poration, Limited, v. Meredith (Ky, 
 C. A.), 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 191 
 
 141 Ky. 92; 132 S. W. Rep. 191 ; 40 InS. 
 Law Jour. 401. 
 
 Eating unsound food — Ptomaine poisoning — Tubercu- 
 losis. 
 
 Insured died from ptomaine poisoning caused 
 by eating food not knowing same to be unsound. 
 Held, death resulted from an accident. 
 
 The testimony of the mother of assured as to 
 statements made by assured to the effect that he 
 was suffering fronf ptomaine poisoning was com- 
 petent to rebut testimony of a physician intro- 
 duced by the company to the effect that his 
 examination of assured, report of which was made 
 to the mother, showed that assured was suffering 
 from tuberculosis. 
 
 Johnson v. Fidelity and Casualty Com- 
 pany, 
 184 Mich. 406; 151 N. W. Rep. 593; 
 L. R. A., 1916-A, 475; 45 Ins. Law 
 Jour. 758. 
 
 Handling heavy material — Finger bruised — Felon. 
 
 It was shown that insured had a felon com- 
 mencing the day after he was handling heavy 
 material, and bruised his finger. ' The evidence 
 held sufficient to show that a felon on insured's 
 finger was the natural consequence of a bruise 
 accidentally received 24 hours previously, without 
 any intervening cause, and is covered by a policy 
 
192 READY REFERENCE INSURANCE DIGEST 
 
 insuring against accidental injuries leaving "ex- 
 ternal and visible marks of a wound." 
 
 Rohinson v. Masonic Protective Associa- 
 tion, 
 87 Vt. 138; 88 Atl. Rep. 531; 47 L. R. 
 A. (N. S.) 924; 42 Ins. Law Jour. 
 1794. 
 
 Abrasion of skin — Blood poisoning. 
 
 If blood poisoning results from an accidental 
 abrasion of the skin or wound, the accident and 
 not the disease is to be regarded as the proximate 
 cause of death. 
 
 Blood poisoning from accident is a part of the 
 accident within an accident policy. 
 
 Continental Casualty Company v. Mat- 
 this, 
 150 Ky. 477; 150 S. W. Rep. 507; 42 
 Ins. Law Jour. 159. 
 
 Accident — Uraemic convulsions. 
 
 In an action for death on an accident policy, 
 evidence of decedent's attending physician and 
 other experts that decedent's death was due to 
 accident, and not to uraemic convulsions, was 
 competent to show the real cause of death, though 
 It tended to contradict some of the statements of 
 opinion in plaintiff's preliminary proof. 
 
 T raiser v. Commercial Travelers' East- 
 ern Accident Association, 
 202 Mass. 292; 88 N. E. Rep. 901; 38 
 Ins. Law Jour. 932. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 193 
 
 Injury — ^Hernia. 
 
 The accident policy provided for a weekly in- 
 demnity for loss of time if through external, 
 violent and accidental means insured should be 
 wholly disabled, or if not so wholly disabled he 
 should be prevented from performing important 
 daily duties pertaining to any productive occupa- 
 tion. The policy further provided that on disa- 
 bility due to * * * hernia, the limit of the 
 company's liability should be one-fifth of the 
 amount otherwise payable. Insured, a law and 
 stock agent for a railway, received an injury, 
 which produced hernia. He was not so disabled 
 as to prevent him from engaging in any produc- 
 tive occupation, nor was he prevented from the 
 performance of one or more important daily 
 duties pertaining to any productive occupation, 
 and lost no time from his business. Held^ that 
 insured was not entitled to recover on the policy. 
 JEtna Life Insurance Company v. Las- 
 
 sater, 
 153 Ala. 630; 45 So. Rep. 166; 15 L. E. 
 
 A. (N. S.) 252; 37 Ins. Law Jour. 
 
 982. 
 
 lajury— Diabetes. 
 
 In an action on an insurance policy, a verdict 
 of the jury that deceased died o^ diabetes (trau- 
 matic diabetes) caused by an accidental injury 
 Held sustained by the evidence. 
 
 Strehlow v. Mtna Life Insurance Com- 
 pany, 
 183 111. App. 50. 
 
194 READY REFEKENCE INSURANCE DIGEST 
 
 Infection during professional operation — Blood poison- 
 ing — Loss of sight. 
 
 i. 
 
 In an action upon an accident policy, which 
 insured a surgeon against loss of sight by blood 
 poisoning during a professional operation, evi- 
 dence held to show the loss of sight, occurring 
 more than five months after the operation was 
 due to infection received at that time. 
 
 Maryland Casualty Company of Balti- 
 more V. Ohle, 
 120 Md. 371; 87 Atl. Eep. 763; 42 Ins. 
 Law Jour. 1559. 
 
 Dove in lake — Drowned — Bruises on face — ^Heart 
 trouble. 
 
 Insured while rowing in a lake dove head first 
 into the water. He came up once, appeared to 
 struggle and then sank and was seen no more 
 alive. The next day his body was recovered. 
 There were some bruises on the face shown to 
 have been caused before his death. There was 
 some evidence that insured had suffered from 
 heart trouble, but no substantial evidence that he 
 died from any such ailment. Held, that this evi- 
 dence conclusively showed that death was due to 
 accidental drowning. 
 
 Johnson v. Bankers Mutual Casualty 
 Company, 
 129 Minn. 18; 151 N. W. Rep. 413; 56 
 L. R. A. (1915-D) 1199; Ann. Cas., 
 > 1916- A, 154 ; 45 Ins. Law Jour. 622. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 195 
 
 Fall from buggy — Head injured — Contusion of face 
 and head — Cerebral hemorrhage — ^Apoplexy^ — ^Heart 
 failure. 
 
 The evidence tended to show thiat on the 5th 
 day of October, 1904, the assured was driving in 
 a single buggy; that while his horse was on a 
 walk, and while he was putting on his gloves, he 
 reached forward, apparently to gather up the 
 reins, which lay across the dashboard of the 
 buggy. At that instant, while the assured was so 
 leaning forward, the buggy struck some obstruc- 
 tion in the street, which caused the hind wheels 
 to rise up with a "jerk" or "bounce", and 
 thereupon said assured fell from the buggy, strik- 
 ing the forward wheel, and then striking his head 
 upon the cobblestone pavement; that he was 
 picked up and carried to an adjacent building, 
 where he died in about ten minutes. He had a 
 contusion on his face and on the right side of his 
 head immediately back of the ear. The evidence 
 leaves it uncertain as to what the obstruction was 
 which the wheels of the buggy struck. It appears 
 that the assured was a man about fifty years of 
 age, that he was about 5 feet 8 inches in height, 
 weighed about 225 pounds, wore a No. 18 collar, 
 and was a heavy eater, although it appears that 
 he was in good general health, and did not appear 
 to be suffering from any bodily ailment on the 
 day of the alleged accident. Plaintiff in error 
 also offered in evidence, which was not seriously 
 controverted, that the injuries incident to the fall 
 were suiBcient to produce death .in the case of a 
 
196 READY EEFERENCE INSXJEANCE DIGEST 
 
 healthy person. There was no post-mortem 
 examination, and the body of assured was exam- 
 ined only by the coroner. In the first instance, he 
 filed a certificate that death occurred as the result 
 of apoplexy, but after further examination into 
 the circumstances of the case, a second certificate 
 was filed attributing the death to cerebral hemor- 
 rhage, occasioned by the fall from the buggy. 
 Some expert evidence was offered by medical men 
 who were acquainted with assured in his lifetime, 
 to the effect that the assured, as to age, habit of 
 life and general appearance, belonged to a class 
 from whom apoplexy selects its victims. Expert 
 testimony, predicated upon hypothetical questions, 
 was received as to the probable cause of the 
 death of assured, and such testimony was conflict- 
 ing. The contention of the defense is that the 
 assured was stricken with apoplexy or heart 
 failure before he fell from the buggy, and that 
 death did not therefore result from accident so 
 as to bring the case within the terms of the 
 policy. Held, that the cause of the death of in- 
 sured was a question for the jury. 
 
 McCormack et al. v. Illinois Commercial 
 
 Men's Association (U. S. C. C. A., 
 
 7th Cir., Illinois), 
 159 Fed. Eep. 114; 86 C. C. A. 304. 
 
 Blow on chest — Chest discolored — Spit blood— Disease. 
 In an action on a policy of insurance where the 
 issue was whether insured's death was due solely 
 to accident, questions put to physicians as to 
 whether or not if insured received a blow on the 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 197 
 
 chest sufficiently violent to knock him down and 
 discolor his chest and to make him spit blood, the 
 blow was the probable cause of a disease causing 
 death, was proper. 
 
 Empire Life Insurance Company v. Gee, 
 178 Ala. 492; 60 So. Kep. 90; 42 Ins. 
 Law Jour. 234. 
 
 Fall — Head injured — Blood clot on brain — Cerebral 
 hemorrhage. 
 
 A policy insured against death from external, 
 violent and accidental injuries. The insured was 
 a postal agent. He was found in a semi-conscious 
 condition in his car, and a day later died. An 
 examination at his home by the attending physi- 
 cian disclosed a swelling and redness on his head 
 above the right temple, and afterwards two other 
 external marks or swellings were discovered by 
 the nurse or physician. After his death an 
 autopsy was held by two physicians, who testified 
 that they found a blood clot in the skull on the side 
 where the swelling had appeared, and tha.t the 
 clot was, in their judgment, produced by external 
 violence and not by disease. For two days previ- 
 ous to the time he was found in the car, he had 
 complained of severe pains in the head, and the 
 company claimed that his death was due to cere- 
 bral hemorrhage, and offered expert testimony to 
 substantiate their contention. The company also 
 showed that insured had stated, while semi-con- 
 scious, that he had not been injured. Held, that 
 
198 READY REFERENCE INSURANCE DIGEST 
 
 the evidence was sufficient to go to the jury. 
 Company liable. 
 
 McCullough v. Railway Mail Association, 
 225 Pa. 118; 73 Atl. Kep. 1007; 38 Ins. 
 Law Jour. 175. 
 
 Slipped and fell — Shoulder and neck hurt — Lumbago, 
 crick or lame back. 
 
 The policy provided: "loss resulting wholly or 
 partly from * * * lumbago, crick or lame back, 
 sprain or strain of back * * * is hereby classi- 
 fied as resulting from sickness, the original cause 
 of such loss, or of the ailment causing the loss not- 
 withstanding." Insured was a section hand on a 
 railroad. While carrying a crosstie he sUpped 
 and fell. His left hip, shoulder and neck were 
 hurt. There were no bruises of the skin, although 
 there was a swelling of the injured portions. In- 
 sured could not bend his back for several months, 
 nor could he use his neck. Held, that the evidence 
 did not conclusively show that insured's injuries 
 were due to lumbago, crick or lame back, or a 
 sprain or strain of the back. The jury might 
 reasonably have concluded that the injury was due 
 to a bruise or contusion suffered when he fellj 
 which did not result in either lumbago, crick or 
 lame back. Judgment affirmed against company. 
 First Texas State Insurance Company v. 
 Jones (Texas C. C. A.), 
 167 S. W. Eep. 9; 44 Ihs. Law Jour. 
 182. 
 
ACCIDENT, DEFIHED; DISEASE DISTINGUISHED 199 
 
 Struck with bed pan — Blood poisoning — Bed sores — 
 Disease. 
 
 In this case it was claimed insured was struck 
 accidentally with bed pan, and that blood poison- 
 ing, following the infection- of the injury, was the 
 cause of his death. The company claimed that 
 insured was suffering with bed sores and the 
 blood poisoning developed from them. In an 
 action on an accident insurance policy, an instruc- 
 tion requiring a verdict for the defendant if the 
 jury found that death resulted wholly or in part 
 from disease, Held erroneous, where the evidence 
 tended to show that death resulted from blood 
 poisoning caused by an infection of a slight 
 wound. 
 
 Maloney v. Maryland Casualty Company, 
 113 Ark. 174; 167 S. W. Eep. 845; 44 
 
 Ins. Law Jour. 308. , 
 Judgment for plaintiff affirmed: 178 
 S. W. Eep. 387; 46 Ins. Law Jour. 
 536. 
 
 Injury — ^Loss of sight — Injury prior to issuance of 
 
 policy caused loss. 
 
 In an action on a policy which insured plaintiff 
 against the effects of bodily injuries sustained 
 during the term of the policy and caused solely 
 through external, violent and accidental means, 
 and wherein it was stipulated that a certain in- 
 demnity should be paid if the irrecoverable loss of 
 sight of both his eyes should result from such 
 injuries independently of all other causes, and 
 
200 READY EEFEBENCE INSURANCE DIGEST 
 
 that the policy did not cover anything of which the 
 sole or secondary or contributory cause is, or 
 which occurs while the insured is affected by, or 
 under the influence of bodily infirmity, where the 
 plaintiff averred that he lost his sight by reason 
 of an injury sustained at a certain time, and 
 where one of the defenses of the insurance com- 
 pany was that an injury received long before that 
 time, and prior to the issuance of the policy con- 
 tributed to, if it did not wholly cause, the bUnd- 
 ness of insured, and where testimony tending to 
 support that defense was produced, as well as 
 another defense to the effect that the warranties 
 upon which the policy was issued, were false, it 
 was the duty of the trial court to submit these 
 questions to the jury. (Judgment for plaintiff 
 below, here reversed in favor of company.) 
 
 Pacific Mutual Life Insurance Company 
 
 V. Despain, 
 77 Kans. 654; 95 Pac. Rep. 580; 37 Ins. 
 
 Law Jour. 493. 
 Reversed against company, 
 
 Despain v. Pacific Mutual Life Insurance 
 
 Company, 
 106 Pac. Rep. 580; 81 Kans. 722; 39 
 
 Ins. Law Jour. 540. 
 
 Lifted mail bags — Strain — ^Ruptured blood vessels in 
 
 Inngs. 
 
 In an action on an accident policy, proof that 
 plaintiff suffered lesion of a blood vessel of the 
 lungs while assisting to lift a heavy mail sack, and 
 that such lesion subsequently entirely healed, 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 201 
 
 Held, sufficient to establish a prima facie case that 
 the injury was caused by external, violent and 
 accidental means within the terms of the policy. 
 Young v. Railway Mail Association, 
 126 Mo. App. 325; 103 S. W. Eep. 557. 
 
 Knocked down by breakers while swinuninir— I)i*owned 
 —Aneurism and ruptured artery. 
 There was evidence to show that insured went 
 far out into the breakers into about six or seven 
 feet of water. The tide was running unusually 
 high and the breakers, and undertow were unsua- 
 ally strong. Insured was knocked down by a 
 breaker and on rising again knocked down. 
 "Within a few seconds afterwards he was seen 
 floating on his back. When his body was taken 
 from the water his heart was still beating and so 
 continued for some time. On behalf of the com- 
 pany there was evidence to show that an autopsy 
 was performed and that such autopsy showed an 
 aneurism in a branch of the aorta and a rupture 
 of the artery at such point. There was evidence 
 to show that if such a rupture occurred during 
 the life of the insured it would have caused 
 instantaneous death. Held, that the evidence 
 raised a conflict as to whether insured's death was 
 due to drowning or to a rupture of an artery of 
 the heart so as to require the submission of the 
 question to a jury. Judgment affirmed against 
 company. 
 
 Brinsmaid v. Order of United Commer- 
 cial Travelers of America. 
 157 Iowa 651 ; 138 N. W. Rep. 465; 42 
 Ins. Law Jour. 164. 
 
202 EEADY REFERENCE INSURANCE DIGEST 
 
 Pall into excavation — Pneumonia. 
 
 Where a party insured under an accident policy 
 was injured by falling into an excavation, and a 
 few days later was taken sick with pneumonia and 
 died, the question whether the accident, by weak- 
 ening the system, was chargeable with the death, 
 is one of fact for the jury. 
 
 Cronkhite v. Accident Insurance Com- 
 pany of N. A., 
 35 Fed. Eep. 26; 17 Ins. Law Jour. 509. 
 
 Pall — Dislocated shoulder — Cold — ^Pneumonia. 
 
 The assured, under a policy granted by the 
 defendant company against "death from the 
 effects of injury caused by accident," fell and dis- 
 located his shoulder. , He was at once put to bed, 
 and died in less than a month from the date of the 
 accident, having been all the time confined to his 
 bedroom. In a case stated in the reference under 
 the defendant's special act, the umpire found 
 that the assured died from pneumonia caused by 
 cold, but that he would not have died when and 
 as he did had it not been for the accident, that as 
 a consequence of the accident he suffered pain 
 and was rendered restless, unable to wear his 
 clothing, weak, and unusually susceptible to cold, 
 and that his catching cold and the fatal effects of 
 the cold were both due to the condition of health 
 to which he had been reduced by the accident. 
 Held, that the death of the assured was due to the 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 203 
 
 ^'effects of injury caused by accident" within the 
 meaning of the policy. 
 
 Isitt et al. V. Railway Passenger Assur- 
 ance Company (Eng. C. A., Q. B. 
 
 Div.), 
 22 Queen's Bench Div. 504; 58 L. J. Q. 
 B. 191 ; 33 Irish Law Times & Sol'rs 
 Jour. 213 ; 60 L. T. 297 ; 37 W. R. 477. 
 
 Stooping — Knee injured — Dislocated cartilage of knee 
 —Weakness of knee or knee joint. 
 
 The plaintiff effected an insurance with def end- 
 ant'*'against bodily injury" caused by "violent, 
 accidental, external, and visible means." The 
 policy contained a proviso, excepting, among 
 other things, "injuries arising from natural dis- 
 ease or weakness, or exhaustion in consequence 
 of disease." In stooping to pick up a marble 
 dropped by a child, the plaintiff dislocated the 
 cartilage of his knee. Before the accident, the 
 plaintiff had not suffered from any weakness of 
 the knee or knee joint. Held, covered by the 
 
 poHcy. 
 
 Hamlyn v. The Crown Accidental Insur- 
 ance Company (Eng. C. A., Q. B. 
 Div.), 
 1 Queen's Bench Div. 750. 
 
 Intoxication — ^Delirium tremens — Morphine adminis- 
 tered causes death. 
 
 Insured became intoxicated, and, when far 
 towards delirium tremens, was taken for treat- 
 
204 BEADY BEFEEENCE INSUBANCE DIGEST 
 
 ment to a sanitarmm, where a physician admin- 
 istered hypodermically several doses of morphine. 
 From the immediate effect of the last dose 
 insured died. Held, that the insurance company 
 was exempt from liability by reason of the 
 extended intoxication of the insured immediately 
 preceding his death, from the effects of which 
 intoxication he was suffering when he died, and to 
 be relieved of which he was under medical treat- 
 ment at the time, which treatment was superin- 
 duced by the intoxication, bringing it clearly with- 
 in the provisions of the policy and application. 
 These excepted: medical treatment, intoxication, 
 narcotics, etc. 
 
 Flint V. Travelers Insurance Company 
 (Texas Civ. App.), 
 43 S. W. Eep. 1079. 
 
 Diseased condition of mouth— Teeth extracted— 
 Artery ruptured- Cotton, unknown to be infected, 
 used caused blood poisonings — Poison excepted. 
 
 An accident insurance policy provided that 
 "this insurance does not cover * * * injuries, 
 fatal or otherwise, resulting wholly or in part 
 from poison or anything accidentally or other- 
 wise taken, administered, absorbed or inhaled." 
 In an action on the policy the evidence tended to 
 show that the insured, while suffering from some 
 serious derangement of his system, which mani- 
 fested itself, among other ways, by severe tooth- 
 ache, had two of his teeth extracted by a dentist; 
 that there was a diseased condition of the mem- 
 brane surrounding some of the teeth, and a gen- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 205 
 
 eral foul condition of the mouth; that the teeth 
 were extracted in the usual way, but it caused a 
 rupture of the upper maxillary artery, or branch 
 of it, from which a violent hemorrhage ensued, 
 and to stop that the dentist plugged the cavities 
 with cotton; that thereafter blood poisoning 
 ensued from the absorption into the system of 
 some chemical poison supposed to have been 
 caused by the propagation of disease germs in the 
 cotton, the seat of the infection being where the 
 teeth were extracted. Held, that though the fact 
 that "the cotton contained the germs which propa- 
 gated and evolved the poison, that was absorbed 
 into the blood with fatal effects, was unknown 
 and accidental, still there could be no recovery, 
 death from such means being within the express 
 terms of the exception in the policy. 
 
 Kasten v. Interstate Casualty Company, 
 
 99 Wis. 73; 74 N. W. Eep. 534; 40 L. R. 
 
 A. (1898) 651 ; 27 Ins. Law Jour. 726. 
 
 Trimming nail, cut toe — Senile gangrene — Leg ampu- 
 tated — Death — Disease. 
 
 The plaintiff, as beneficiary of an accident 
 poHcy for $5,000, issued by the defendant com- 
 pany upon the life of Gabriel Kling, her husband, 
 alleges that the assured died from injury result- 
 ing from a peril insured against, and prays judg- 
 ment according to the contract. The answer 
 admits the insurance policy, but denies that the 
 death of the insured was caused by violent and 
 accidental injury. The plaintiff's theory of the 
 case is that the assured, while paring the nail, 
 
20'6 READY REFERENCE INSURANCE DIGEST 
 
 accidentally cut the little toe upon his left foot; 
 that senile gangrene resulted therefrom, necessi- 
 tating amputation of the leg; and that death 
 ensued within the terms of the insurance. The 
 policy insured the deceased, subject to the by-laws 
 of the company and to the conditions endorsed 
 thereon, against personal injuries, effected during 
 its life, "through external, violent and accidental 
 means," and obligated the company to pay the 
 beneficiary $5,000 in case of death resulting from 
 such injury within ninety days. One of the con- 
 ditions bars liability in case of death "from dis- 
 ease in any form." The evidence relied on as 
 showing that the deceased cut his toe is the testi- 
 mony of the attending physician and that of the 
 son of the deceased. The physician did not pre- 
 tend to have personal knowledge of any accidental 
 cutting. The son, however, swears in one breath : 
 ' ' I saw my father when he cut his toe. It was the 
 little toe on the left foot;" and in the next breath 
 says: "I did not see him when he cut his toe. 
 * * * The toe did not bleed profusely when it 
 was cut. I did not see any blood, but I saw the 
 cut." Held, that there was a failure of proof of 
 accidental injury, the burden of proof resting 
 upon the plaintiff to establish with reasonable 
 certainty the facts essential to recovery. 
 
 Kling v. Mason's Fraternal Accident 
 Association, 
 104 La. 763 ; 29 So. Eep. 332. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 207 
 
 Hand injured and side over heart bruised — ^Malignant 
 growth of spleen and fatty degeneration of heart. 
 
 A complaint in an action on an accident policy 
 alleged that assured injured his hand and bruised 
 his side over the heart, from which he died, and 
 the bill of particulars stated that he died of the 
 injury to his side, which caused malignant growth 
 of the spleen and fatty degeneration of the heart. 
 The proof did not show that deceased died of 
 such spleen and heart trouble. Held, that the 
 variance was immaterial, not prejudicing defend- 
 ant within 2 Ballinger's Ann. Codes & St. Cal. sec. 
 4949, since the allegation that death was caused 
 by the injuries was in no way contradicted by the 
 particularizing as to the manner in which the 
 injuries affected the system. 
 
 Mercier v. Travelers' Insurance Com- 
 pany, 
 24 Wash. 147; 64 Pac. Rep. 158. 
 
 Fall caused by fit or vertigo. 
 
 Where by-laws were amended whereby the 
 association was not to be liable for injuries occa- 
 sioned, wholly or partly, directly or indirectly, by 
 disease * • * vertigo * * *," etc., and the 
 plaintiff, who thereafter, in a fit of vertigo, fell 
 and sustained bodily injuries, was not entitled to 
 recover under the policy. 
 
 Hall V. Western Travelers' Accident 
 Association, 
 69 Neb. 601; 96 N. W. Rep. 17^. 
 
208 EBADY REFERENCE INSURANCE DIGEST 
 
 Struck by bale of hay— Back injured— Nephritis. 
 
 In an action on an insurance policy for death by 
 accidental injury, where it was shown that in- 
 sured was injured by being struck by a bale of 
 hay, and on the next day thereafter there was a 
 welt on his back, and an examination on the fourth 
 day thereafter showed a tension of the muscles of 
 the back, and three days thereafter insured died 
 of acute nephritis caused by the accident, and that 
 he was free from all disease until his death except 
 that caused by the accident. Held plaintiff could 
 recover. 
 
 General Accident, Fire <& Life Assurance 
 Company v. Homely, 
 109 Md. 93; 71 Atl. Eep. 524; 38 Ins. 
 Law Jour. 393. 
 
 Stumbled and fell on sidewalk — Conflicting proof. 
 
 Insured died as the result of injuries received 
 from a fall on the sidewalk. The questions raised 
 by the pleadings are: (1) Whether the fall was 
 accidental or whether caused from a diseased con- 
 dition, and (2) Whether, if accidental, it was "in- 
 dependent of all other causes." There was evi- 
 dence that insured stumbled and fell, but there 
 was no evidence of an obstruction in the sidewalk. 
 An autopsy was had, but the evidence conflicted 
 as to whether insured was in a diseased condition. 
 There was also conflict in the testimony as to whe- 
 ther the fall alone was sufficient to cause death. 
 Held, that these issues were properly submitted 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 209 
 
 to the jury. Judgment reversed in favor of the 
 company. 
 
 Illinois Commercial Men's Association v. 
 Parks (U. S. C. C. A., 7th Cir.), 
 179 Fed. Eep. 794; 103 C. C. A. 286; 
 39 Ins. Law Jour. 1630. 
 
 Strain, with internal injuries. 
 
 Defendant accident insurance company claimed 
 the deceased died from illness, and not accident, 
 and called for further proofs of loss, in compli- 
 ance with which an affidavit of the attending phy- 
 sician was furnished that deceased came to his 
 death wholly as the result of an accident, causing 
 a strain and perhaps accompanied with internal 
 injuries. No further call for proofs of loss or ob- 
 jection to their sufficiency was made till, at the 
 trial of a suit on the policy, the proofs were 
 claimed to be insufficient as to the cause of death, 
 and defendant introduced the proofs of loss, ex- 
 cept the affidavit. Held, that plaintiff was entitled 
 to put the affidavit in evidence. 
 
 Thompson v. Loyal Protective Associa- 
 tion, 
 167 Mich. 31 ; 18 Det. L. N. 575 ; 132 N. 
 W. Eep. 554; 40 Ins. Law Jour. 2168. 
 
 leg struck with hard substance — Tibia fractured — 
 Disease or weakness of bone. 
 
 Insured testified that he got struck upon the 
 leg between the knee and the ankle with some hard 
 substance. His physician testified that insured 
 
210 READY EEFEBENCE IHrSUEANCE DIGEST 
 
 suffered a "fractured tibia," and over the side of 
 the fracture there was a contusion showing the 
 fact of external violence. Held, that this was suf- 
 ficient evidence upon which to submit to the jury 
 the question of whether or not the insured's in- 
 juries were the result of external violence. 
 
 An issue was raised as to whether insured's 
 injury was the result of a diseased condition or 
 the result of external, violent and accidental in- 
 juries. The jury, in answer to interrogatories, 
 found that the condition was caused by external, 
 violent and accidental means, as alleged in the 
 complaint, and that it would have occurred even 
 though insured was suffering from disease or 
 weakness of the bone. Held, that these answers 
 were sufficient as a finding that the condition was 
 caused wholly by external violence. 
 
 International Travelers' Association v. 
 
 Bosworth (Tex C. C. A.), 
 156 S. W. Eep. 346; 42 Ins. Law Jour. 
 
 1072. - 
 
 Fall on ice while skating — Wrist injured — Head hurt- 
 Blood clot on brain — Cerebral apoplexy — Degenera- 
 tion of nerve and brain cells. 
 
 The policy insured against death caused through 
 external, violent and accidental means, independ- 
 ent of all other causes. Insured, while skating, 
 fell upon the ice, striking his head and shoulders. 
 At the time he complained only of injury to his 
 wrist. On reaching town, where he lived, a dis- 
 tance of one-half mile, insured stated, in answer 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 211 
 
 to a question as to whether he fell and hurt him- 
 self, ' ' No, not seriously. Hurt my head and made 
 it ache," at the same time raising his hand to his 
 head. From that time until his death, which oc- 
 curred about two months afterwards, there was a 
 marked change in his disposition and appetite. 
 An autopsy was held several weeks after his 
 burial and a blood clot found on the brain. On 
 behalf of the company several physicians testified 
 that ceberal apoplexy causing death had brought 
 about the clot of blood and that his death was 
 not due to accidental causes. There was further 
 evidence on the part of the company that the in- 
 sured, prior to his fall, was afflicted with a serious 
 bodily ailment, the ordinary tendency and effect 
 of- which was to cause degeneration of nerve and 
 brain ceUs, and if uncured would result in mani- 
 festations such as shown by insured after his fall. 
 Held, that the evidence required the submission 
 of the question of the cause of insured's death to 
 the jury, and that the statement by the insured 
 was admissible as constituting a part of the res 
 gestae. Judgment affirmed against company. 
 
 Order of United Commercial Travelers 
 
 of America v. Roth (Texas Civ. Ct. 
 
 App.), 
 159 S. W. Rep. 176 ; 42 Ins. Law Jour. 
 
 1551. 
 
 Fall on frozen ground — Head and brain injured — 
 Ecchymosis of brain covering — Cerebral hemorrhage. 
 
 The by-laws provided that "for death resulting 
 from cerebral hemorrhage * * * or heart failure 
 
212 HEADY REFERENCE INSURANCE DIGEST 
 
 caused by accidental injuries, the amount payable 
 shall be limited to $500," The evidence was that 
 insured fell heavily, striking the back of his head 
 on the frozen ground. Some of the witnesses 
 testified that the covering of the brain was discol- 
 ored. There was evidence that the blood vessels 
 were bruised and partly broken so that blood es- 
 caped among the tissues. Expert witnesses de- 
 scribed the condition as ecchymosis, that is, black 
 and blue spot produced by the effusion of blood 
 into the tissue. Held, that the evidence was suffi- 
 cient to sustain the verdict that death was not the 
 result of a cerebral hemorrhage, 
 
 Williams v. Western Travelers' Associa- 
 tion, 
 97 Neb, 352; 149 N. W. Rep. 822; 45 
 Ins. Law Jour. 232. 
 
 Abdomen injured in mail car — Traumatic appendicitis 
 — Septic peritonitis. 
 
 The policy insured against death resulting from 
 injuries received through external violence, and 
 accidental means, of which there were visible 
 marks of injury and on account of which death 
 would follow inside of 120 days. It is the theory 
 of the plaintfE that the insured met his death as 
 the result of septic peritonitis following traumatic 
 appendicitis, caused by external violence. Insured 
 was a mail clerk. Prior to July 26 he enjoyed 
 robust health. Subsequent to that date a yellow- 
 ish spot was seen on his abdomen directly over the 
 appendix. This spot was not present the month 
 preceding that time. On July 26 insured, after 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 213 
 
 leaving the mail car in which he worked, made an 
 exclamation of pain and placed his hand on his 
 abdomen. Immediately thereafter, contrary to 
 his usual custom, he went to bed ; he continued to 
 discharge his duties until August 1, acting as if 
 ill and in pain. On that evening he went to bed 
 and remained there until August 11, when he was 
 removed to a hospital, where an operation was 
 performed, from which he died on August 13 of 
 general peritonitis. There was a corner of a mail 
 rack in the car in which insured worked, which 
 was about the same level above the floor that the 
 spot on his abdomen would have been if he were 
 standing. The roadbed was unusually rough, and 
 the car sometimes rocked so as to throw letters 
 out of the mail box. Held, that this evidence was 
 sufficient to submit the case to the jury on the 
 question of whether or not the death was the re- 
 sult of injury producing visible marks, and as to 
 whether or not death had occurred within 120 
 days following the injury. Judgment affirmed 
 against company. 
 
 Railway Mail Association v. Harrinffton 
 (U. S. C. C. A., 2nd Cir.), 
 220 Fed. Rep. 622; 136 C. C. A. 230; 
 45 Ins. Law Jour. 749. 
 
 Inhaled a bug — Abscess in lung — Pneumonia. 
 
 The policy insured against bodily injuries from 
 external, violent and accidental means, and the 
 insured died from pneumonia supposedly induced 
 by a cavity or abcess in the lungs alleged to have 
 been caused by the involuntary inhalation of a 
 
214 BEADY REFERENCE INSURANCE DIGEST 
 
 bug. With the exception of statements made by 
 the deceased, there was no evidence that he ac- 
 tually inhaled the bug; no insect or foreign sub- 
 stance being found in the lung. Upon these facts 
 the court held the burden was on the benificiary 
 to show not only that such accidental inhalation 
 occurred, but also that there was reasonable 
 ground for thinking that insured's death came 
 from that cause, rather than from disease. There 
 being no evidence of such except for the insured's 
 declarations and they being inadmissible as part 
 of the res gestae, the judgment of the trial court 
 against the company was reversed. 
 
 Freeman v. Loyal Protective Insurance 
 
 Company, 
 196 Mo. App. 383; 195 S. W. Kep. 545; 
 
 50 Ins. Law Jour. 249. 
 
 Assaulted and injured with sticks — Typhoid fever. 
 
 The complaint alleged that the insured received 
 bodily injuries from external, violent and acci- 
 dental means on a certain date during the life of 
 the policy of which he died within ninety days. 
 It was the contention of the company that the in- 
 sured died from typhoid fever and not from the 
 results of accident (assaulted and injured with 
 sticks). The physician who attended the insured 
 testified in support of this contention. 
 
 Maryland Casualty Company v. Mc- 
 
 Callum (Ala. S. C), 
 
 75 So. Eep. 902; 50 Ins. Law Jour. 
 
 379. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 215 
 
 Injury— Blood poisoning. 
 
 The laws of the society provided that in the 
 event of loss due directly or indirectly to blood 
 poisoning, there should be paid but a limited 
 amount. Held, that where injury is the proximate 
 cause of death the beneficiary is entitled to the 
 full amount provided therefor, notwithstanding 
 complications arising subsequent to the accident. 
 Kaneft v. Mutual Benefit Health d Acci- 
 dent Association (Neb. -S. C), 
 166 N. W. Eep. 121 ; 51 Ins. Law Jour. 
 318. 
 
 Drowning — Heart failure — Apoplexy. 
 
 Insured was found dead on surf where he had 
 been bathing. Evidence was conflicting as to 
 whether death was due to drowning, heart failure 
 or apoplexy. Held, where insured was drowned 
 as the result of accident, the nature of the acci- 
 dent was immaterial, provided it constituted the 
 proximate cause of the drowning. Also, Held, 
 whether the insured's drowning was due to acci- 
 dent or to heart failure was a question for the 
 jury, and their finding that death resulted from 
 drowning will not be disturbed. 
 
 Kinsey v. Pacific Mutual Life Insurance 
 
 Company, 
 178 Cal. 153; 172 Pac. Eep. 1098; 52 
 
 Ins. Law Jour. 256. 
 
 Accident — Hernia. 
 
 The policy provided: "In the event of disabil- 
 ity resulting from * * * hernia * * * the 
 limit of the company's liability shall be a sum 
 
216 EEADY BEFERENCE INSURANCE DIGEST 
 
 not exceeding three weeks' indemnity." Held, 
 that such provision would not prevent recovery 
 for disability caused by hernia accidentally pro- 
 duced. 
 
 Conrad v. Interstate Life <& Accident 
 Insurance Company (Tenn. S. C), 
 206 S. W. Eep. 34; 53 Ins. Law Jour. 
 68. 
 
 Fall — Boarding train — ^Abdomen injured — ^Ascitis— 
 Liver diseased. 
 
 Insured told his attending physician that while 
 he was boarding a train, the train started off sud- 
 denly, throwing him violently and that he had 
 fallen on a grip. The physician first called to 
 attend insured diagnosed the case as ascitis, a 
 condition signifying the accumulation of fluid in 
 the abdomen, which could have been produced by 
 a bruise upon the liver. Subsequently an opera- 
 tion was performed upon the insured and it devel- 
 oped that the condition was not that of ascitis, 
 but that the patient was suffering with a malig- 
 nant growth upon the liver, which could not have 
 attained the size it was in less than six months. 
 Held, that the evidence was wholly insufficient to 
 authorize recovery and conclusively showed that 
 insured's death was produced from causes wholly 
 independent of and existing prior to the accident. 
 (Judgment for plaintiff below, reversed in favor 
 of company.) 
 
 North American Accident Insurance 
 
 Company v. Hill's Admr., 
 182 Ky. 125; 206 S. W. Eep. 170; 53 
 
 Ins. Law Jour. 61. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 217 
 
 Eeversed : 
 
 In an action on accident policy to recover for 
 death of insured, a traveling salesman, while rid- 
 ing as a passenger in a railroad coach of a com- 
 mon carrier, the question whether insured re- 
 ceived fatal injury from a fall while so riding was 
 for the jury. 
 
 The credibility of the witness is a question for 
 the jury and is not to be determined by the Court 
 of Appeals. 
 
 Hills' Admr'x V. North American Acci- 
 dent Insurance Company, 
 215 N. W. Rep. 428 ; 55 Ins. Law Jour. 
 50. 
 
 Carrying ashes — Strain or rupture in side — Loop or 
 kink in bowel. 
 
 Insured had previously enjoyed good health and 
 had worked at manual labor. On the day of the 
 alleged injury he was engaged, with another, in 
 moving ashes. He carried several tubs of ashes, 
 allowing the tub to rest against his stomach as he 
 did. Some twenty minutes after the work was 
 finished, insured's brother saw him lying on a 
 lounge, with his hands over the pit of his stomach, 
 very pale and as though in great pain, and saying 
 that he did not care for dinner. Later, the per- 
 son who had been assisting him noticed that he 
 was pale and that he was holding his hands over 
 the pit of his stomach. He suffered pain in his 
 right side for some weeks, gradually growing 
 worse until he died. A post-mortem was made 
 
218 KBADY KEFEKENCE INSURANCE DIGEST 
 
 and there was a kink found in the bowel, that 
 showed fibrous adhesions indicating inflammation 
 there. Physicians were of the opinion that con- 
 ditions were due to external violence. Held, that 
 under this evidence the jury might have found the 
 insured's death was caused by external, violent 
 and accidental means. 
 
 Budde V. National Travelers' Benefit 
 
 Association (Iowa S. C), 
 169 N. W. Kep. 766; 53 Ins. Law Jour. 
 
 266. 
 
 Slipped on banana peeling — Fall — Injured side — 
 Internal injuries — Lead colic induced by lead poison- 
 ing. 
 
 Insured was a painter ; had enjoyed good health 
 previous to his injury. A\rhile at work, painting a 
 house, he had occasion to carry a piece of timber, 
 and while doing so fell. He immediately com- 
 plained of being hurt, groaned and said, "I hurt 
 my side awful." In going home he walked very 
 slowly although he was tisually a rapid walker. 
 He took to his bed and kept growing worse and 
 died within a few days. A physician testified that 
 because of the insured's difficulty in breathing he 
 thought there were internal injuries. A witness, 
 who claimed he saw insured fall, introduced into 
 his account of the accident a banana peeling upon 
 which insured slipped, and the physician who 
 attended insured included in his account of the 
 fatal illness lead colic induced by lead poisoning. 
 Held, that under the evidence it was a question for 
 
ACCIDENT, DEFINED ; DISEASE DIST INGUISHED 219 
 
 the jury, as to whether or not death was due to 
 injuries sustained through accidental means, and 
 the judgment in favor of plaintiff, was affirmed 
 against the company. 
 
 Nelson v. Inter-Ocean Casualty Com- 
 pany, 
 103 Kans. 855; 176 Pac. Rep. 664; 53 
 Ins. Law Jour. 260. 
 
 Bruise — Carbuncle — Infection — Diabetes. 
 
 The insured sustained a bruise which developed 
 into a carbuncle. Infection followed causing death 
 previously enjoyed good health. He had previ- 
 ously been advised, however, that he might be sub- 
 ject to diabetes. The physician who examined 
 him shortly before his death testified that 
 there were symptoms of diabetes at the time. 
 Held, that the evidence was sufficient to show 
 death was from external, violent and accidental 
 means. Under the evidence it was more probable 
 that the symptoms of diabetes were caused by the 
 injury than that death resulted from that disease. 
 Day V. Great Eastern Casualty Company 
 (Wash. S. C), 
 177 Pac. Rep. 650; 53 Ins. Law Jour. 
 368. 
 
 Sudden enlargement of hernia. 
 
 Mere proof of the sudden enlargement of a 
 hernia was insufficient to raise the presumption 
 
220 READY REFERENCE INSURANCE DIGEST 
 
 that the enlargement was caused by external, vio- 
 lent and accidental means. 
 
 Transylvania Casualty Insurance Com- 
 pany V. Allan's Admr. (Ky. C. A.), 
 209 S. W. Eep. 44; 53 Ins. Law Jour. 
 468. 
 
 Strain pulling pipe out pump hole — ^Intestine injured- 
 No accident. 
 
 The policy insured death resulting directly and 
 independently of all other causes from bodily 
 injuries effected through external, violent and 
 accidental means. On the day of the alleged acci- 
 dent, the insured was assisting another in pulhng 
 a pipe out of a pump hole. The insured took hold 
 of the pipe and with his companion pulled on it. 
 Insured was cautioned to pull slowly. While both 
 men were pulling, the insured was heard to "give 
 a kind of a grunt, but did not say anything then." 
 That night, or the next morning, the insured was 
 taken ill and from this illness died. His prior 
 health had been good, except that about a year 
 before, he had undergone an operation for appen- 
 dictis. After being taken from the hospital, on 
 the occasion of his last illness, another operation 
 was performed within the abdominal cavity and 
 there was found "a band surrounding a portion 
 of the small intestine. ' ' The insured died the fifth 
 day thereafter. There was no evidence to show 
 that the insured had slipped or lost his hold in 
 lifting out the pipe, or was there anything to show 
 that the entire transaction was not carried out in 
 precisely the manner intended. Held, that this 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 221 
 
 evidence was insuflBcient to sustain the burden of 
 proving death within the coverage of the policy. 
 Bennetts v. Occidental Life Insurance 
 Company (Cal. D. C. A.), 
 178 Pac. Rep. 964; 53 Ins. Law Jour. 
 622. 
 
 Hit by subway door — Cerebral hemorrhage — ^Arterio 
 
 sclerosis. 
 
 The policy insured death resulting directly and 
 independently of all other causes, from bodily in- 
 jury effected solely through external, violent or 
 accidental means. The plaintiff alleged that the 
 deceased came to his death as the result of a 
 cerebral hemorrhage caused by his being struck 
 by a closing car door on a subway train. It was 
 established that at the time of the accident the 
 deceased was suffering from arterio sclerosis, 
 and that the disease was in an advanced state and 
 extended throughout all parts of his body includ- 
 ing his brain, and that death might have occurred 
 at any time either with or without exertion. Evi- 
 dence, that while in the dining room at dinner the 
 insured was stricken, at which time he mumbled 
 that he had been hit by a subway door, was held 
 inadmissible as part of the res gestae, and the 
 burden of proof rested on the plaintiff to establish 
 the fact that the insured sustained an accident 
 and that such accident was the sole cause of his 
 death. 
 
 JEtna' lAfe Insurance Company v. Ryan 
 (U. S. C. C. A., 2nd Cir.), 
 253 Fed. Rep. 483; 53 Ins. Law Jour. 
 597. 
 
222 READY REFERENCE INSURANCE DIGEST 
 
 Pall — Hernia. 
 
 There being evidence that the insured had no 
 hernia or disability of any kind previous to the 
 fall ; that the hernia developed just after the fall ; 
 and that in the opinion of the doxjtors it was in all 
 probability due to the fall ; the jury were author- 
 ized in finding that the accident was the sole cause 
 of the injury independent of all other causes. 
 
 Metropolitan Casualty Insurance Com- 
 pany V. Edwards (Texas C. C. A.), 
 210 S. W. Eep. 856; 54 Ins. Law Jour. 
 105. 
 
 Fall down stairs — Head injured — Paralysis — Harden- 
 ing of arteries — Cerebro hemorrhage. 
 
 The insured fell headlong down a flight of 
 stairs ; he was sixty-one years old ; he was badly 
 hurt about the head and elsewhere ; he complained 
 particularly about the numbness of the right side 
 of his head ; paralysis soon attacked the left side 
 of his body. His death occurred in a month after 
 his fall ; there was an autopsy and medical testi- 
 mony to the effect that death was due to cerebro 
 hemorrhage, caused by hardening of the arteries. 
 One medical expert was of the opinion that the 
 fall might have partly caused the maladies of the 
 cerebro artery and brain tissues. Held, that 
 under the evidence it was a question for the jury 
 as to whether or not death was due to accident or 
 disease, and that the evidence was sufficient to 
 sustain the finding that death was due to accident. 
 Jaques v. Order of United Commercial 
 Travelers of America (Kans. S. C), 
 
ACCIDENT, DEFINED ; DISEASE DIS TINGUISHED 223 
 
 180 Pac. Rep. 200 ; 54 Ins. Law Jour. 
 111. 
 
 Fall in bath room — Spine injured — Spine disease*. 
 
 The policies involved provided for payment of 
 stipulated snnas if loss therein specified should re- 
 sult directly and exclusively from accidental inju- 
 ries and insured shall have been continuously and 
 totally disabled from performance of every kind 
 of duty pertaining to his occupation from the date 
 of such injury to the dale of such loss. Insured 
 conducted a general insurance business; his 
 widow testified that while he was in the bath 
 room she heard the noise of a fall ; insured com- 
 plained of soreness at the end of his spine; she 
 rubbed him with some medicine she had at home ; 
 he never was well after this; he made efforts to 
 get out but was never able to tend to his business 
 like he should have been; after the date of the 
 accident if he went to his office he would be all to 
 pieces when he came home ; most of the time his 
 wife would take him in an auto to deliver policies ; 
 there was no change for the better in his condition 
 from the time of his accident to his death ; prior 
 to the accident he was always well, an athlete and 
 fond of games ; there was testimony by the attend- 
 ing physician that he found a bruise at the end of 
 the spine and was of the opinion that the fall 
 received by the insured was responsible for his 
 death. On the other hand there was evidence to 
 the effect that the insured had a diseased condi- 
 tion of the spine and, furthermore, that from the 
 
224 EEADY BEFEREyrCE lySURANCE DIGEST 
 
 date of the alleged accident he appeared at his 
 office for a considerable time as before and that 
 there was no unusual results noticeable. It was 
 apparent from the records of the office that he 
 had not done nearly the amount of work that had 
 previously been done. Held, that while the evi- 
 dence would seem to preponderate in favor of the 
 companies, there was sufficient evidence to take 
 the case to the jury on the question of total disa- 
 bility and cause of death of the insured; and the 
 judgment for plaintiff below was affirmed against 
 the companies. 
 
 Hartford Accident & Indemnity Com- 
 
 1 pany v. Davis; 
 United States Fidelity & Guaranty Com- 
 pany V. Davis (Ky. C. A.), 
 210 S. W. Rep. 950; 54 Ins. Law Jour. 
 101. 
 
 Operation for appendicitis — Hernia — Operations for 
 Hernia — Fall — Hernia — Peritonitis — Hernia sac 
 existing before fall. 
 
 The policy provided, ''This insurance shall not 
 cover injuries, fatal or non-fatal, resulting wholly 
 or partly from disease in any form." Insured 
 had undergone an operation for appendicitis, fol- 
 lowed by the developing of a hernia, for the relief 
 of which another operation was performed ; after 
 this a third operation became necessary for the 
 removal of the threads which had been used to 
 close the former wound. The attending physcian 
 testified that the insured did not have hernia after 
 
ACCIDENT, DEFINED ; DISEASE DISTINGUISHED 225 
 
 the last mentioned operation; shortly before his 
 death, however, the insured went to the doctor's 
 office and the doctor found a "slight bulge of the 
 wound"; it was the opinion of the physician, 
 however, that there was weakness of the abdomi- 
 nal wall at the site of the incision. The insured 
 fell; the day later the physician saw him and 
 found him in bed very ill, vomiting and suffering 
 great pain ; on examination of the abdomen there 
 was found considerable discoloration and protru- 
 sion, and an operation was ordered. A cut was 
 made at the site of the former incision and it was 
 found that five or six feet of the intestines pro- 
 truded through the opening in the abdominal 
 waU ; there was discoloration ; the protruding part 
 was surrounded by dark fluid and there was evi- 
 dence of the beginning of peritonitis. The phy- 
 sician testified that in his opinion the fall caused 
 the intestine to be forced through the weak spot 
 in the abdominal wall. Other medical experts 
 gave it as their opinion that there must have been 
 a hernia sac existing before the time of the acci- 
 dent and that the fall alone could not have pro- 
 duced the result observed at the time of the last 
 operation without the previous existence of a 
 pathological condition. Held, that the verdict of 
 the jury in favor of the defendant was sustained 
 by the evidence. 
 
 Kellner v. Travelers' Insurance Com- 
 pany (Cal. S. C), 
 181 Pac. Eep, 61; 54 Ins. Law Jour. 
 207. 
 
226 READY KEFEKENCE INSUBANCE DIGEST 
 
 Punctured with hypodermic needle — ^Arm infected — 
 Blood poisoning. 
 
 The evidence was to the effect that the insured 
 called his daughter to his room where he lay upon 
 a bed with one of his arms exposed, and directed 
 the daughter to insert a hypodermic needle in his 
 arm ; this she did. This needle was one which had 
 been furnished by a doctor who had treated the 
 insured's wife for cancer, some two years before. 
 Blood poisoning developed, causing insured's 
 death. Held, that death so resulting was not from 
 accidental means ; the fact that the insured did not 
 contemplate the result reached does not alter the 
 character of the fact. 
 
 Townsend v. Commercial Traveles' Mu- 
 tual Accident Association of America 
 (N. Y. App. Div.), 
 177 N. T. Supp. 268; 188 App. Div. 
 370; 54 Ins. Law Jour. 369. 
 
 Reversed : 
 
 Septic poisoning as result of use of hypodermic 
 needle is accidental. 
 
 Townsend v. Commercial Travelers' Mu- 
 tual Accident Association of America 
 (N. Y. Ct. of App.), 
 231 N. Y. 148; 131 N. E. Rep. 871; 58 
 Ins. Law Jour. 490. 
 
 Accident — Hernia. 
 
 An accident policy provided for payment of a 
 certain sum in event of the death of insured on 
 account of bodily injuries accidentally sustained. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 227 
 
 There was also a declaration that if the injury 
 should be hernia the liability was limited to $50. 
 The insured met with an accident which caused a 
 hernia of which, within a short while, he died. In 
 an action by the beneficiary it was Held, that the 
 beneficiary is entitled to recover the full amount 
 under the policy, as the hernia was the result of 
 the accident and the cause of insured's death was 
 the accident itself and not the hernia. • 
 
 Hanna v. Interstate Business Men's Acci- 
 dent Association of Des Moines 
 (CaM. D. C. A.), 
 182 Pac. Rep. 771; 54 Ins. Law Jour. 
 469. 
 
 Oranges eatened — Gastritis. « 
 
 Where insured, who was employed to select and 
 separate unmarketable from marketable oranges, 
 ate three of them, resulting in gastritis, which 
 shortly caused his death, the death was not by 
 "accidental means" within the provisions of the 
 policy, although the result was accidental. 
 
 Martin v. Interstate Business Men's 
 Accident Association (Iowa S. C), 
 174 N. W. Rep. 577 ; 55 Ins. Law Jour. 
 36. 
 
 Injured while on duty as mail clerk — Venereal disease. 
 In an action against a fraternal benefit insurer, 
 where the insurer claimed that death was the 
 result of the effects of venereal disease, the bene- 
 ficiary claimed death was the result of an accident 
 to insured, who was a railroad mail clerk and 
 
228 BEADY REFERENCE INSURANCE DIGEST 
 
 received an alleged injury while in the line of 
 duty, testimony of the members of the family, 
 friends and neighbors as to his appearance before 
 the accident and as to the appearance of the body 
 after the accident was admissible to show that the 
 member was not afiSicted with disease, at least to 
 the extent that it impaired his health or vigor, 
 and the evidence Held sufficient to warrant finding 
 that member met his death as result of accident 
 and that death was not caused by disease. 
 
 Railway Mail Association v. Johnson 
 
 (Ark. S. C), 
 215 S. W. Rep. 682; 55 Ins. Law Jour. 
 
 89. 
 
 Fall of timber on insured — Hernia — ^Accident. 
 
 In an action upon an accident policy based upon 
 the fall of a timber upon insured while he was 
 helping to unload it into a car, producing a double 
 inguinal hernia, necessitating an operation, proof 
 Held to make a case of accidental injury, and not 
 a case within a policy provision for special dis- 
 ability indemnity from illness after the policy had 
 been in force 90 days. 
 
 Ivanesovich v. North American Life S 
 Casualty Company (Minn. S. C), 
 176 N. W. Rep. 502; 55 Ins. Law Jour. 
 504. 
 
 Barrel of beer fell on insured — Death — Pneumonia — 
 
 Congestion of lungs. 
 
 In an action on a policy insuring "against loss 
 resulting directly, exclusively, and independently 
 of all other causes from bodily injury sustained 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 229 
 
 * * * solely through external, violent and acciden- 
 tal means," proof that a barrel of beer fell on in- 
 sured, that he became sick, was put to bed, and on 
 the following day was taken to a hospital, where 
 he died six weeks later, warrants the inference 
 that the accident caused death, but was overcome 
 by positive evidence produced by insurer that the 
 immediate cause of death was pneumonia, fol- 
 lowed by congestion of the lungs, such evidence 
 shifting the burden on plaintiff to produce evi- 
 dence tending to show that the congestion of the 
 lungs was caused and could be caused by the acci- 
 dent, insurer, in the absence of such evidence, 
 being entitled to a direct verdict. 
 
 Koprivica v. Standard Accident Insur- 
 ance Company (Mo. C. A.), 
 218 S. W. Rep. 689; 55 Ins. Law Jour. 
 507. 
 
 Fall on staircase — Cirrhosis of the liver. 
 
 In an action on policy insuring against death 
 from accidental injury "independently of all 
 other causes," there being evidence that insured 
 had been afflicted prior to his death with cirrhosis 
 of the liver, and that seventeen days before his 
 death he had suffered a fall on a staircase, which 
 was claimed to have caused his death, the issue 
 whether his death was caused by an accidental in- 
 jury independent of all other causes Held for the 
 jury. The judgment of the court below, for plain- 
 tiff, was affiriried by divided court. 
 
 Abbott V. Travelers' Insurance Company 
 (Mich. S. C), 
 
230 READY EEFEEENCE INSURANCE DIGEST 
 
 176 N. W. Eep. 473; 55 Ins. Law Jour. 
 512. 
 Abhott V. Fidelity d Casualty Company 
 (Mich. S. C), 
 176 N. W. Rep. 481. 
 
 Rubbed head with infected towel — Infection through 
 abrasion — Blood poisoning. 
 
 The death of insured from blood poisoning 
 from an infected abrasion caused by rubbing his 
 head, which was bald, with an infected towel, 
 Held, such death was caused by "accidental 
 means," within the terms of the policy, in the 
 absence of evidence that he knew of the infected 
 condition of the towel when he used it. 
 
 Business Men's Accident Association of 
 America v. Schiefelbusch (U. S. C. 
 C. A., Oklahoma), 
 262 Fed. Eep. 354; 55 Ins. Law Jour. 
 635. 
 
 Dental treatment — Virulent germs introduced in 
 system from instruments — Blood poisoning. 
 
 Where insured voluntarily underwent a dental 
 operation, and the dentist unintentionally intro- 
 duced into insured's system virulent germs con- 
 tained on what he supposed were clean and 
 aseptic instruments, resulting in blood poisoning 
 and the death of the insured, death was effected 
 "directly and independently of all other causes, 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 231 
 
 through external, violent and accidental means" 
 within the meaning of an accident policy. 
 
 Horton v. Travelers Insurance Company 
 (Cal. D. C. A.), 
 187 Pac. Eep. 1070 ; 55 Ins. Law Jour. 
 638. 
 
 Fall — Back injured — Consumption. 
 
 In an action on a benefit certificate, if there was 
 enough to take to the jury the question whether 
 the fall caused the death, it was error to direct a 
 verdict for defendant, though defendant adduced 
 testimony of physicians that the death was due to 
 consumption. 
 
 Where a benefit certificate insured against 
 death due to a fall, but not against death from dis- 
 ease, and there was evidence that, though insured 
 had not been well for years, he was in better con- 
 dition at the time of the fall than for a long time 
 prior thereto, and needed no help to get out of 
 bed, and walked without assistance, and had never 
 complained of his back, and that after the fall he 
 could not get out of bed or walk without help, and 
 had constant pain in his back, and that there was 
 a bruise on the back close to the spine, and a mis- 
 alignment of the lumbar vertebrae, it was a ques- 
 tion for the jury whether death was due to the 
 fall. 
 
 Where something appears that can have caused 
 a death, and other adequate cause for it is not 
 made to appear, it may be found that the cause 
 
232 BEADY REFERENCE INSURANCE DIGEST 
 
 appearing to which the death might be due was 
 the cause of it. 
 
 Cummings v. Railway Mail Association 
 (Iowa S. C), 
 177 N. W. Rep. 466; 56 Ins. Law Jour. 
 213. 
 
 Inference of wrench, strain or shock from lifting — 
 Paralysis — ^Frior stroke of paralysis. 
 
 If one suffered ain accidental injury resulting in 
 paralysis and death, the fact that he had had a 
 prior stroke of paralysis would be no defense in 
 an action on an accident policy, but the fact of the 
 prior stroke and assured's predisposition thereto 
 would be significant in its bearing upon whether 
 there was an accidental injury or not. 
 
 It could not be inferred that, because insured 
 in an accident policy was exhausted from his 
 night's work as mail clerk, he suffered an acci- 
 dental wrench, strain, or shock from lifting bur- 
 dens he was accustomed to handle. 
 
 Where the evidence showed that insured either 
 died from disease or from an accident, but not 
 showing that accidental death was the cause 
 rather than death from disease, in an action on 
 an accident policy there was no question for the 
 jury. 
 
 Atherton v. Railway Mail Association 
 (Kansas City C. A., Mo.), 
 221 S. W. Eep. 752; 56 Ins. Law Jour. 
 361. 
 
ACCIDENT, DEFINED ; DISEASE DISTI NGUISHED 233 
 
 Strain while playing- golf — Ruptured cancerous tumor 
 — Hemorrhage — Cirrhosis and cancerous tumor of 
 the liver. 
 
 Insured was afiiicted with cirrhosis of the liver, 
 and a cancerous tumor of the liver. The immedi- 
 ate cause of his death was hemorrhage resulting 
 from a rupture of said cancerous tumor. It is 
 alleged that while playing golf he attempted to 
 make a stroke and was thrown off his balance by 
 catching his foot in something so that he almost 
 fell, but by a violent effort recovered his balance 
 and continued the game. After the game he took 
 his usual shower bath and went home with his son 
 without making any complaint. The next morn- 
 ing he complained of distention of the stomach 
 and following other troubles were discovered as 
 noted above, when an autopsy was had after his 
 death. 
 
 Where a poUcy governed by the California laws 
 insured against loss resulting directly and inde- 
 pendently of all other causes from bodily injuries 
 effected solely by accidental means, death result- 
 ing from rupture caused by accidental strain is 
 not "independently of all other causes," where a 
 cancerous growth was ruptured and but for such 
 growth the injury could not have occurred. 
 
 Campbell v. ^tna Life Insurance Com- 
 pany of Hartford, Conn. (Mo. S. C), 
 222 S. W. Rep. 778; 56 Ins. Law Jour. 
 498. 
 
234 READY EEFEBENCE INSURANCE DIGEST 
 
 Surgical operation for hernia — ^Needle puncture of 
 epigastric artery — Blood clot — Leg became gan- 
 grened — Leg amputated. 
 
 Where a surgeon, in closing the incision after 
 an operation on the insured for hernia, punctured 
 the deep epigastric artery with his needle, owing 
 to the fact that such artery was not where it 
 should be in normal persons, and as a result 
 a blood clot formed in the artery which passed 
 into the artery supplying a leg, the leg became 
 gangrened and was amputated, the injury Held 
 to have been "effected solely through external, 
 violent and accidental means," within the terms 
 of the policy. The hernia was not a cause which 
 produced or contributed to the pricking or punc- 
 turing of the artery but a condition which exposed 
 insured to that possibility. 
 
 ^tna Life Insurance Company v. Brand 
 (U. S. C. C. A., NewYork), 
 265 Fed. Rep. 6 ; 56 Ins. Law Jour. 496. 
 
 Tooth extracted — Gum injured — ^Injury port of entry 
 for bacteria — Blood poisoning. 
 
 Death through injury to gum, caused by pulling 
 of a tooth which made port of entry for bacteria 
 in circulatory system and directly resulted in 
 blood poisoning was not within a policy insuring 
 against "bodily injury through accidental means 
 exclusive of all other causes," and the benefici- 
 ary's complaint alleging such facts, was demur- 
 rable. 
 
 Ramsey v. Fidelity & Casualty Company 
 (Tenn. S. C), 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 235 
 
 223 S. W. Rep. 841 ; 56 Ins. Law Jour. 
 
 592. 
 
 Gas escaped in sleeping room — ^Asphyxiation — Sickness 
 or accident. 
 
 A provision in a sickness and accident policy 
 that "disability or loss" resulting from gas 
 should be classified and treated as sickness insur- 
 ance, Held, to refer to loss of time, and not to loss 
 of life, and recovery could be had under the acci- 
 dent portion of the policy for the principal sum, 
 where insured was accidentally asphyxiated by 
 the escape of gas in her sleeping room. 
 
 Breen v. Great Western Accident Insur- 
 ance Company (Iowa S. C), 
 179 N. W. Rep. 931 ; 57 Ins. Law Jour. 
 170. 
 
 Bruises on stomach — Peritonitis — Blow on stomach. 
 
 In an action on an insurance policy the evidence 
 was that insured, who, preceding his death, was 
 a railway mail clerk in the service of the govern- 
 ment; that on June 15, 1916, he was in perfect 
 health, and left the city in the course of his em- 
 ployment ; that he traveled between St. Louis and 
 Nashville; that when he returned on the 17th of 
 June following, he was complaining of his stom- 
 ach ; that his wife made an examination and found 
 his stomach was black and blue with bruises all 
 across the front ; that he went to work on the 18th ; 
 that he was due back on the 20th, but came back 
 on the 19th; that when he came home he was 
 
236 READY KEFEEENCE INSUEANCE DIGEST 
 
 screaming with pain, and his wife called two 
 doctors ; that he was taken to a hospital, where he 
 died on the 21st ; that the deceased was 29 years 
 old and weighed about 190 pounds, and was in 
 good health prior to his last illness. One of the 
 doctors testified that he found insured suffering 
 with peritonitis; that his abdomen was swollen, 
 his pulse about 120, and his skin moist and 
 clammy; that he made an examination of his 
 stomach and sent him to the hospital; that when 
 he opened the abdomen it contained a large quan- 
 tity of serum and pus, bowels over whole region 
 of abdomen swollen, cyanotic, and in places show- 
 ing beginning of degeneration. He stated that 
 this condition could be caused by a strangulated 
 bowel, a blood clot, or interdisposition, but he 
 found none of these conditions present, and when 
 asked the question, "Could that condition that 
 you found there be caused by a blow on the stom- 
 ach?" he answered: "That is the most frequent 
 cause of it;" that this condition was due to in- 
 jury ; that the mark upon the abdomen was about 
 one-half inch wide and three or four inches long, 
 and was caused from external violence. The other 
 doctor, in answer to hypothetical question, an- 
 swered, that insured died from general peritonitis, 
 or blood poisoning of the whole stomach, and that 
 this could not have been caused by anything but 
 a blow from the outside. It was held that a ver- 
 dict could be rendered to the effect that the 
 general peritonitis was in point of fact caused by 
 external violence and was accidental, and not self- 
 inflicted without predicating an inference upon 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 237 
 
 another inference, in view of the presumption of 
 law that the insured did not voluntarily inflict an 
 injury upon himself. 
 
 Merkel v. Railway Mail Association (St. 
 Louis Ct. of App., Missouri), 
 226 S. W. Eep. 299 ; 57 Ins. Law Jour. 
 260. 
 
 Automobile accident — Overdose of morphine — Bright 's 
 disease. 
 
 Evidence considered, that it was held that an 
 automobile accident was the sole cause of in- 
 sured's death, and that death was not caused by 
 an overdose of morphine or by Bright's disease. 
 
 O'Brion v. Columbian National Life In- 
 surance Company (Maine S. C), 
 109 Atl. Eep. 379; 55 Ins. Law Jour. 
 655. 
 
 Abrasion— Infection— Erysipelas. 
 
 The insured, a physician, died from erysipelas, 
 the germs of which, as alleged by plaintiff, 
 entered his body through a scratch or abrasion of 
 the skin of his right ear received while adjusting 
 his glasses following his treatment of a patient 
 suffering from the disease. 
 
 Where the evidence shows that the infection 
 occurred either at the time of the accidental 
 wound is received or that it has followed as an 
 actual and ordinary consequence, the death which 
 may ensue from such injury and infection can 
 
238 READY EEFERENCE INSURANCE DIGEST 
 
 properly be accounted as accidental within the 
 meaning of the terms of the policy. 
 
 If one who has knowingly sustained an acci- 
 dental injury or abrasion upon the exposed sur- 
 face of his body, nevertheless continues to bring 
 himself in contact with and to treat a patient 
 affected with a virulent type of contagious dis- 
 ease, such as is capable of being transmitted 
 through immediate proximity with such exposed 
 wound or abrasion and as the result of such vol- 
 untary risk, he thus becomes infected with and 
 contracts the disease and it results in his death, 
 the proximate cause thereof cannot properly be 
 said to be the original "bodily injury sustained 
 and effected through direct external, violent and 
 accidental means exclusive and independently of 
 all other causes. ' ' Judgment in favor of company 
 affirmed. 
 
 Bell V. State Life Insurance Company of 
 Indianapolis (Ga. C. A.), 
 
 101 S. E. Eep. 541; 55 Ins. Law Jour. 
 281. 
 
 Affirmed: 105 S. E. Rep. 846. 
 
 Eating decomposed ice cream — Ptomaine poisoning. 
 
 Death from ptomaine poisoning through eating 
 decomposed ice cream or other food created a lia- 
 bility of an accident insurer under its policy pro- 
 viding for payment to the beneficiary, if deceased 
 died of injuries effected directly and independ- 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 239 
 
 ently of all other causes through accidental 
 means. 
 
 O'Connor v. Columbian National Life 
 Insurance Company (St. Louis Ct. 
 of App., Missouri), 
 232 S. W. Rep. 218 ; 58 Ins. Law Jour. 
 475. 
 
 Bruise — Fall down stairway— Arterio sclerosis — Cere- 
 bral hemorrhage. 
 
 Where one insured under an accident policy 
 was in a diseased condition, and cerebral hemor- 
 rhage took place immediately prior to his death, 
 it was not proper to build up the inference of a 
 fall from the fact of a bruise the further inference 
 that such fall was the result of accident rather 
 than disease, and that such fall was the proximate 
 cause of insured's death. 
 
 Circumstances attending insured's fall down a 
 stairway did not prove his death the result of 
 accident, where the advanced stage of the scler- 
 otic condition of his arteries, evidence of cerebral 
 hemorrhage causing death, and lack of evidence 
 of any external violence causing injury to skull 
 or brain covering arguing strongly that his fall 
 was caused by disease. 
 
 In a suit on an accident policy, where there was 
 no substantial evidence to establish that insured 
 fell, that such fall was accidental, and that it or 
 the efforts to avert it caused his death, there was 
 no issue for the jury. 
 
 Phillips V. Travelers Insurance Company 
 
 (Mo. S. C), 
 
240 READY REFERENCE INSURANCE DIGEST 
 
 231 S. W. Eep. 947 ; 58 Ins. Law Jour. 
 479. 
 
 Mashed finger — Blood poisoning — Diabetes. 
 
 On June 7, 1919, plaintijff was accidentally in- 
 jured by mashing the third finger of his right 
 hand in turning a wagon, while laboring at con- 
 crete work ; he attempted to work for two or three 
 days thereafter, but was unable and on the 10th 
 his physician lanced the injured finger and re- 
 moved a great deal of pus therefrom, and there- 
 after plaintiff suffered from blood poisoning and 
 in September his physician discovered that plain- 
 tiff was afflicted with diabetes. Defendant refuses 
 to accept the theory that the diabetes from which 
 plaintiff admittedly suffered was the direct result 
 of the injury to the finger received on June 7. 
 
 Held, if the diabetes was an effect of insured's 
 accidental injury, a mere link in the chain between 
 the accident and its effect, the condition of insured 
 would be attributable to the accidental injury, 
 and not the disease. (Judgment in favor of 
 plaintff, affirmed in favor of administrator for 
 plaintiff.) 
 
 Anderson v. Mutual Benefit Health S 
 Accident Association (Kansas City 
 Ct. of App., Missouri), 
 231 S. W. Eep. 75; 58 Ins. Law Jour. 
 238. 
 
 Rubbed toe — ^Abrasion — Diabetic gangrene. 
 Where an insurance policy provides that the in- 
 
ACCIDENT, defined; DISEASE DISTIN GUISHED 241 
 
 surance is against "injury effected solely through 
 external, violent and accidental means," the 
 plaintiff or complainant must prove to a reason- 
 able certainty that the death or injury was so 
 caused. It is not sufficient to prove a declaration 
 made by the deceased to his physician that his in- 
 jury was so caused. There must be affirmative 
 proof as to how the injury occurred, and the proof 
 must show it was accidental and caused through 
 accidental means. 
 
 The suit was brought for the death of insured. 
 His death was caused, according to the death cer- 
 tificate, by "diabetic gangrene, moist type, left 
 foot, contributory diabetes melitis." It was con- 
 tended by the beneficiary that the proximate cause 
 of the death was an accident resulting in an abra- 
 sion of the skin on the toe of his left foot, which 
 became infected thereafter and proximately 
 caused the death of the deceased. 
 
 The Court, on appeal, held the proof insufficient 
 to show that the injury was caused by an accident 
 or through accidental means. The only testimony 
 to establish the alleged accident is the statement 
 of the deceased to his physician, who first treated 
 the abrasion, that he thought the abrasion was 
 caused by rubbing his toe with a towel. The 
 physician had no knowledge of his own as to what 
 caused the abrasion. When he was called to treat 
 the abrasion, he found the toe slightly infected. 
 While the statement of the deceased to his physi- 
 cian is admissible in evidence for the purpose of 
 showing a basis of an opinion by the physician, 
 and his opinion as to the injury and the extent of 
 
242 BEADY EEFBEENOB INSTJEANCE DIGEST 
 
 the injury, it is not sufficient to prove the main 
 fact of the accident. As to this, it is a mere self- 
 serving statement. It has no probative value as 
 to such fact. It further appears from his state- 
 ment to his physician that, if the injury was 
 caused by rubbing, the rubbing was voluntarily 
 done, and this would not constitute an injury 
 through accidental means. The proof is wholly 
 insufficient to establish liability. Judgment of the 
 Court below reversed. 
 
 United States Casualty Company of New 
 
 York v.M alone (Mississippi S. C), 
 
 87 So. Eep. 896 ; 58 Ins. Law Jour. 116. 
 
 Travelers' Protective Association of 
 
 America v. Malone (Mississippi 
 
 S. C), 
 
 87 So. Eep. 896 ; 58 Ins. Law Jour. 117. 
 
 Accident — Weakened condition — ^Activity of pneumo- 
 coccus germs — Pneumonia. 
 
 The insurer is liable on an accident policy 
 where the insured's death was not caused by an 
 accidental contagion but from the activity of 
 pneumococcus germs, such as are present in 
 healthy persons, producing pneumonia because of 
 insured's weakened condition resulting from his 
 physical injury produced by the accident; the 
 pneumonia being a link in the chain of causation 
 and not an independent cause, and the injury 
 being the proximate cause. 
 
 Robinson v. National Life & Accident 
 Insurance Company, 
 129 N. E. Eep. 707. 
 
ACCIDENT, DEFINED ; DISEASE DISTINGUISHED 243 
 
 Fall from window — Fainting or dizzy spells. 
 
 A policy insuring against death effected di- 
 rectly and independently of all other causes by 
 accidental means imposes liability on insurer 
 where death resulted from a fall from a window 
 caused by fainting or dizzy spells unless death 
 would have resulted therefrom without the fall, 
 since in such case the fall is the proximate cause 
 of the death and was accidental. 
 
 United States Fidelity & Casualty Com- 
 pany V. Blum (U. S. C. C. A., Wash- 
 ington), 
 270 Fed. Rep. 946. 
 
 Accident — Kidney disease. 
 
 Where the policy excepted death or injury 
 arising from disease, "although accelerated by 
 accident," and it appeared that the insured had 
 suffered from kidney disease, but had not been 
 troubled therewith for a considerable time, and 
 after an accident the disease returned and the 
 insured died within three months, it was held that 
 the insurer was not liable, as the death was with- 
 in the exception as to disease accelerated by acci- 
 dent. 
 
 Cawley v. National Employers Assurance 
 Association, 
 1 Cab. & EL, 597. 
 
 Fall into a pit— Injuries resulted in pneumonia. 
 
 Where insured, a railroad conductor, fell into a 
 pit in a railroad yard and received injuries re- 
 
244 READY EEFERENCE INSURANCE DIGEST 
 
 suiting in pneumonia, from which he died, and the 
 policy insured against injuries or death caused 
 directly, independently and exclusively of all 
 other causes by accidental means, and in an action 
 thereon where the company seeks to avoid liabil- 
 ity because, as it alleged, insured used intoxicat- 
 ing liquors to such an extent as to render himself 
 less able to withstand disease, it was Held, that 
 the use of the intoxicant was immaterial unless 
 the facts warranted the conclusion that its use 
 contributed to the loss, and where the evidence 
 showed that insured was in perfect health at the 
 time of his injury, it was proper to exclude evi- 
 dence of his use of intoxicants. 
 
 Fidelity S Casualty Company of 'New 
 York V. Cooper et al. (Ky. C. A.), 
 137 Ky. 344; 126 S. W. Rep. Ill; 39 
 Ins. Law Jour. 787. 
 
 Suicide — ^Insanity — ^Bodily infirmities or disease. 
 
 The policy covered accidents which might hap- 
 pen to the insured through external, violent and 
 accidental means, providing, however, that the in- 
 surance should not extend to any bodily injury 
 happening in consequence of bodily infirmities or 
 disease, and that no claim should be made where 
 death was caused by suicide. Held, where the in- 
 sured killed himself while insane, and not con- 
 scious of what he was doing, that such act was not 
 suicide within the meaning of the policy, nor was 
 it within the exception made in case of death 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 245 
 
 resulting from bodily disease, and that a recovery 
 could be had on the policy. 
 
 Blackstone v. Standard Life <& Accident 
 Insurance Company (Mich. S. C), 
 74 Mich. 592; 42 N. W. Rep. 156; 39 
 Albany Law Jour. 449; 3 L. R. A. 
 486, and note; 17 Washington Law 
 Rep. 475 ; 13 Virginia; Law Jour. 553. 
 
 Limb broken, proximate cause — Disease, secondary 
 
 cause. 
 
 Insurer is held liable where the accident can be 
 considered as the proximate cause of death, al- 
 though disease may have been present as a sec- 
 ondary cause, so that evidence that deceased 
 broke his limb ; that it turned black, and that the 
 discoloration extended to the body, and that he 
 was in great pain, is sufficient to sustain a finding 
 that the injury was the proximate cause of death, 
 though there was evidence that deceased was at 
 times intemperate. 
 
 Prader v. National Masonic Accident 
 Association (Iowa S. C), 
 95 Iowa 149; 63 N. W. Rep. 601. 
 
 Accident — Hernia — Surgical operation. 
 
 Where by one of the conditions of a policy of 
 insurance against accidental death or injury it 
 was provided that the policy insured against cuts, 
 stabs, concussions, etc., "when accidentally occur- 
 ring from material and external cause, where such 
 accidental injury is the direct and sole cause of 
 death to the insured, or disability to follow his 
 
246 KBADY KEFEEENCE INSURANCE DIGEST 
 
 avocation," and then followed this exception: 
 "but it does not insure against death or disability 
 arising from rheumatism, gout, hernia, erysipelas, 
 or any other disease or cause arising within the 
 system of the insured before or at the time or fol- 
 lowing such accidental injury (whether causing 
 death or disability directly or jointly with such 
 accidental injury) " — it was Held, that death from 
 hernia caused solely and directly by external vio- 
 lence, followed by a surgical operation performed 
 for the purpose of relieving the patient, was not 
 within the exception. 
 
 Fitton V. Accidental Death Insurance 
 
 Company, 
 17 Com. B. (N. S.) 122; 112 E. C. L. 
 
 122; 34 L. J. Com. P. 28. 
 
 Accident — ^Infection — Blood poisoning. 
 
 Where insured sustains an injury through vio- 
 lent, external and accidental means, and blood 
 poisoning sets in, finally resulting in death, it is 
 immaterial whether the infection was introduced 
 at the time of the accident or through the instru- 
 ment operating to cause the injury, if the infec- 
 tion enters before the wound has become so cured 
 as to prevent exposure to infection, and if the in- 
 fection comes about naturally, without any appar- 
 ent human act to produce it, and such blood poi- 
 soning will be considered as the effect of the 
 injury, and not as an additional or other cause 
 aside from the accident and the consequent death 
 
ACCIDENT, defined; DISEASE DISTINOUISHED 247 
 
 is held to be the result of the accident exclusively 
 and independently of other causes. 
 
 Hornby v. State Life Insurance Company 
 (Nebraska S. C), 
 184 N. W. Eep. 84 ; 58 Ins. Law Jour. 
 598. 
 
 Fall — Face and forehead scratched and brnised — 
 Uraemic poisoning — Apoplexy, etc. 
 
 It was shown that the insured, apparently in 
 good health, returned from a walk with a bruise 
 on his forehead and scratches on his face. The 
 attending physician was unable to say definitely 
 what was the cause of death, which occurred two 
 days later, aiid the defendant produced evidence 
 to the effect that the death resulted from uraemie 
 poisoning. In an action on an accident policy, it 
 was Held, that the trial court properly refused to 
 permit the plaintiff to show that insured had said, 
 fifteen minutes after the alleged accident, that he 
 had fallen on loose stones in the path. The Court 
 also said that it was as likely that the fall resulted 
 from apoplexy or other disease as from accidental 
 means, and that the jury should not be permitted 
 to guess which. 
 
 Reefer v. Pacific Mutual Life Insurance 
 Company (Pa. S. C), 
 201 Pa. 448; 51 Atl. Rep. 366. 
 
 Cut or scratched finger on wire spring — Infection — 
 Septicaemia or blood poisoning. 
 
 The insured, a practising physician and sur- 
 geon, performed a surgical operation on one of 
 
248 EEADY EEFEKENCE INSURANCE DIGEST 
 
 his patients; on the next day he examined and 
 dressed the wound resulting from the operation; 
 within a very few hours after, while moving an 
 old and rusty bed spring, he slightly cut one of 
 his fingers of his right hand by coming in contact 
 with the end of one of the wires ; during the fol- 
 lowing day he complained of not feeling well, and 
 of having considerable pain in the right arm ; his 
 condition continued to grow worse, and a few days 
 afterwards he was required to take to his bed, 
 where he remained until his death about a week 
 afterwards. He died of septicaemia or blood 
 poisoning. Prior to cutting or scratching his 
 finger he was in the best of health. The testimony 
 of the experts and others was strongly to the 
 effect that the inoculation of his finger with the 
 germs, which caused the blood poisoning was co- 
 incident with the cutting of the finger, and the 
 jury returned a special verdict, so finding. 
 
 Rordbaugh v. Great Eastern Casualty 
 Company (Washington S. C), 
 200 Pac. Eep. 587; 58 Ins. Law Jour. 
 610. 
 
 Poison of hand. 
 
 The poisoning of fingers from dipping the hand 
 in a solution in developing photographic plates, 
 and which dipping occurred some 500 times a day. 
 Held not an accident. 
 
 Jeffreyes v. Charles H. Sager Co. (N. Y. 
 App. Div.), 
 191 N. Y. Supp. 354; 198 App. Div. 446. 
 
ACCIDENT, defined; DISEASE DISTINGUISHED 249 
 
 Fall — ^Disease. 
 
 If the insured was suffering from a disease, 
 which was accelerated and aggravated by a fall 
 constituting an accident, so as to be a cause opera- 
 tive with it to produce his death, the beneficiary 
 cannot recover on the policy which insures only 
 against death proximately caused by external, 
 violent and accidental means. 
 
 If there is no active disease, but merely a frail 
 general condition, so that powers of resistance 
 are easily overcome, or merely a tendency to dis- 
 ease which is started up and made operative, 
 whereby death results, then there may be recov- 
 ery, even though the accident could not have 
 caused that effect upon a healthy person in a 
 normal state. 
 
 Leland v. Order of United Commercial 
 Travelers of America (Mass. S. C), 
 124 N. E. Eep. 517 ; 54 Ins. Law Jour. 
 652. 
 
 Fulling on stocking — Colon fell out of place — Bowels 
 slipped in front of liver, etc. 
 
 A person who was insured against death from 
 "bodily injuries caused by violent, accidental, ex- 
 ternal and visible means," had just arisen from 
 his bed and was in the act of pulling on his stock- 
 ing, when "he felt something give way on his 
 inside," shortly afterwards he died. Examina- 
 tion of the insured showed that the colon of the 
 deceased had fallen out of place and become 
 folded, and the anterior body of the liver was be- 
 
250 EEADY EEFERENCE INSURANCE DIGEST 
 
 neath it, so that the bowels had slipped in front 
 of the liver, which caused great pain and disten- 
 sion, and the resulting pressure on the heart was 
 so great that its action stopped. Held, that the 
 death was not the result of injury caused by vio- 
 lent, external, accidental and visible means. 
 
 Clidero v. Scottish Accident Insurance 
 Company (Scot. Ct. Sessions), 
 29 Scottish Law Rep. 303. 
 
 Diving — Ruptured ear drum — Slight accidental turn of 
 body. 
 
 Where it appeared that the insured ruptured 
 his ear drum while diving, which injury was acci- 
 dental, although there was no evidence of acci- 
 dental means, the Court said that under the cir- 
 cumstances the jury was justified in finding that 
 there was a slight turn of the body. 
 
 Rodey v. Travelers' Insurance Company, 
 3 N. Mex. 316; 9 Pac. Eep. 358. 
 
 Convalescing from operation — Slipped — Jar detached 
 and dislodged embolus. 
 
 The insured, convalescing from an operation, 
 slipped, causing a sudden jar which detached and 
 dislodged an embolus or blood clot and resulted 
 in death, for which the coinpany was held liable 
 under an accident policy. 
 
 Pacific Mutual Life Insurance Company 
 V. Meldrim (Ga. C. A.), 
 101 S. E. Rep. 305 ; 55 Ins. Law Jour. 
 160. 
 
TABLE OF CASES 
 
TABLE OF CASES 
 
 A 
 
 Page 
 Abbott vs. Fidelity & Casualty €o. (OVKch.) 230 
 
 Abbott vs. Travelers' Ins. Co. (Mich.) 230 
 
 Accidental Death Ins. Co. ads. Fitton 246 
 
 Accidental Ins. Co. ads. Lawrence (Canada) 165 
 
 Accident Ins. Co. vs. Crandal (Fed.) 174 
 
 Accident Ins. Co. ads. Crandal (I'ed.) 174 
 
 Accident Ins. Co. ads. Cronkhite (Fed.) 202 
 
 Accident Ins. Co. ads. Mardorf (Eng.) 54 
 
 Accident Ins. Co. ads. Smith (Canada) 167 
 
 Accident Ins. Co. ads. Winspear (Canada) 168 
 
 Accident Ins. Co. vs. Young (Canada) 22 
 
 Accident Ins. Co. ads. Young (Canada) 22 
 
 Aetna Life Ins. Co. ads. Appel (N. Y. ) 7 
 
 Aetna 'Life Ins. Co. vs. Bethel (Ky.) 89 
 
 Aetna Life Ins. Co. vs. Brand (Fed.) 234 
 
 Aetna Life Ins. Co. ads. Campbell (OMo.) 233 
 
 Aetna Life Ins. Co. vs. Crabtree (Ky.) 96 
 
 Aetna Life Ins. Co. vs. Domey (Ohio) 175 
 
 Aetna Life Ins. Co. vs. Fitzgerald (Ind.) 67 
 
 Aetna Life Ins. Co. vs. Griffin (Texas) 87 
 
 Aetna Life Ins. Co. vs. Hicks et al. (Texas) 48 
 
 Aetna Life Ins. Co. vs. Lassater (Ala.) 193 
 
 Aetna, Life Ins. Co. ads. Potter (Wash.) 104 
 
 Aetna Life Ins. Co. ads. Eheinheimer (Ohio) 78 
 
 Aetna Life Ins. Co. vs. Ryan (Fed.) 221 
 
 Aetna Life Ins. Co. ads. Strehlow (111.) 193 
 
 Aetna Life Ins. Co. ads. Ward (Neb.) 19-20 
 
 Aetna Life Ins. Co. vs. Wicker (Fed.) 20 
 
 Alexander ads. Atlanta Ace. Ass'n (Ga.) 160 
 
 Allan's Adm'r, etc. ads. Transylvania Gas. Ins. Co. (Ky.) 220 
 
 253 
 
254 READY HEFEEESrCE INSURANCE DIGEST 
 
 Page 
 
 American Ace. Co. vs. FMler's Adm'x (Ky.) 169 
 
 American Masonic Aec. Ass'n ads. Hall (Wis.) 37 
 
 American Temperance Life Ins. Co. ads. Christy (N. Y.) 187 
 
 Anderson vs. Great Eastern Cas. Co. (Utah) 147 
 
 Anderson vs. Mutual Benefit Health & Ace. Ass'n (Mo.) 240 
 
 Anderson et al. vs. Scottish Ace. Ins. Co. (Scotland) 22 
 
 Appel vs. Aetna Life Ins. Co. (N. Y.) 7 
 
 Ashelby vs. Travelers' Ins. Co. (Minn.) 127 
 
 Atherton vs. 'Railway Mail Ass'n (Mo.) 232 
 
 Atlanta Ace. Ass'n vs. Alexander (Ga.) 160 
 
 B 
 
 Bacon vs. U. iS. Mutual Ace. Ass'n (N. Y.) 23-24 
 
 Bailey vs. Interstate Cas. Co. (N. Y.) 183 
 
 Ballagh vs. Interstate Business Men's Ace. Ass'n (Iowa) 178 
 
 Bankers' Ace. Ins. Co. ads. Kenny (Iowa) 75 
 
 Bankers' Mutual Cas. Co. ads. Johnson (Minn.) 194 
 
 Barry ads. U. S. Mutual Ace. Co. (Fed.) 10 
 
 Beidelman ads. Preferred Mlit. Ace. Aas'n (Pa.) 182 
 
 Beile vs. Travelers' Protective Ass'n (Mo.) 93 
 
 Bell vs. State Life Ins. Co. of Indianapolis (Ga.) 238 
 
 Bellows vs. Travelers' Ins. Co. (Mo.) 156 
 
 [Bennetts vs. Occidental Life Ins. Co. (Cal.) : 221 
 
 Bernays vs. U. S. Mut. Ace. Ass'n of N. Y. (Fed.) 183 
 
 Berry vs. Order of United Com'l Trav. of Am. (Iowa) 122 
 
 Bethel ads. Aetna Life Ins. Coi (Ky.) 89 
 
 Binder vs. Nat'I Masonic Aec. Ass'n (Iowa) 60 
 
 Bingham- ads. Travelers' Ins. Co. (Ky.) 78 
 
 Bird ads. Interstate Cas. Co. (Ohio) 46 
 
 Blackstone vs. Standard Life & Ace. Ins. Co. (Mich.) 245 
 
 Blum ads. U. S. Fid. & Cas. Co. (Fed.) 243 
 
 Bohaker vs. Travelers' Ins. Co. (Mass.) Ill 
 
 SBosworth ads. International Trav. Ass'n (Texas) 210 
 
 Brand ads. Aetna Life Ins. Co. (Fed.) 234 
 
 Branum ads. International Trav. Ass'n (Texas) 116 
 
 Breen vs. Great Western Ace. Ins. Co. (lo\\;a) 235 
 
 Brinsmaid vs. Order of United Com'l Trav. of Am. (Iowa).. 201 
 
 Broom ads. Standard Ace. Ins. Co. (Miss.) 133 
 
 Bryant et al. vs. Continental Cas. Co. (Texas) 25-26 
 
TABLE OF CASES 255 
 
 Page 
 
 Budde vs. Nat'l Trav. Benefit Ass'n (Iowa) 218 
 
 Burnham vs. Interstate Cas. Co. of N. Y. (Mich.) 175 
 
 Burroughs vs. Xorth American Life & Ace. Co. (Pa.) 163 
 
 Business Men's Ace. Ass'n ads. Pledger (Texas) 144—145 
 
 Business Men's Ace. Ass'n vs. Schiefelbusch (Fed.) 230 
 
 C 
 
 Caldwell vs. Iowa State Trav. Men's Ass'n (Iowa) 103 
 
 Campbell vs. Aetna Life Ins. Co. (OVTo.) 233 
 
 Carr vs. Pacific Mut. Life Ins. Co. (Mo.) 54 
 
 Carroll et al. vs. Fidelity & Cas. Co. (Fed.) 64 
 
 Cary vs. Preferred Ace. Ins. Co. (Wis.) 68 
 
 Casualty Co. of America ads. Collins (Mass.) 133 
 
 Casualty Co. of America ads. McAuley (Mont.) 81—82 
 
 Cawley vs. Nat'l Assur. Ass'n 243 
 
 Central Ace. Ins. Co. vs. Eembe (III.) 161 
 
 Christy vs. American Temperance Life Ins. Co. (N. Y.) 187 
 
 Church vs. Fidelity & Dep. Co. of M"d. (Cal.) 146 
 
 Clark ads. Continental Cas. Co. (Okla.) 30 
 
 Clark vs. Employers' Liability Assur. Co. (Vt.) 51 
 
 Clarke vs. New Amsterdam Cas. Co. (Cal.) 16—18 
 
 Clidero vs. Scottish Ace. Ins. Co. (Scotland) 250 
 
 Coady ads. Rajlway Officials' & Employes' Ace. Ass'n (III.) . . 44 
 
 Cobb vs. Preferred Mut. Aec. Ass'n («a.) 162 
 
 Collins vs. Casualty Co. of America (Mass.) 133 
 
 Columbian Xat'l Life Ins. Co. vs. Miller (Ga.) Ill 
 
 Columhian Nat'l Life Ins. Co. ads. O'Brion (Me.) 237 
 
 Columbian Nat'l Life Ins. Co. ads. O'Connor (Mo.) 239 
 
 Columbian Nat'l Life Ins. Co. ads. Thompson (Me.) 121 
 
 Columbia Paper Stock Co. vs. Fidelity Cas. Co. (Mo.) 157 
 
 Colvin ads. Continental Cas. Co. (Kans.) 80 
 
 Commercial Trav. Eastern Ace. Ass'n ads..Noyes (Mass.) .... 65 
 
 Commercial Trav. Eastern Ace. Ass'n ads. Page (Mass.) 138 
 
 Commercial Trav. Eastern Ace. Ass'n ads. Traiser (Mass.) . . . 192 
 Commercial Trav. Mut. Ace. Ass'n of Am. vs. Fulton 
 
 (Fed.) 41-42 
 
 Commercial Trav. Mut. Ace. Ass'n of Am. vs. Sharpe (Ind.) . . 38 
 Commercial Trav. Mut. Ace. Ass'n of Am. ads. Skinner 
 
 (Mich.) 130 
 
256 READY REFEREITCE INSUBANCE DIGEST 
 
 Page 
 Commercial Trav. Mut. Aoc. Ass'n of Am. ads. Thurber 
 
 (N. Y.) 48-50 
 
 Commercial TraY. Mut. Ace. Ass'n of Am. ads, Townsend 
 
 (N. Y.) 226 
 
 Commonwealth Gas. Co. ads. Jones (Pa.) 124—125 
 
 Conrad vs. Interstate Life & Ace. Ins. Co. (Tenn.) 216 
 
 Continental Cas. Co. ads. Bryant et al. (Texas) 25-26 
 
 Continental Cas. Co. vs. Clark (Okla.) 30 
 
 Continental Cas. Co. vs. Colvin (Eans.) 80 
 
 Continental Cas. Co. ads. Crandall (111.) 173 
 
 Continental Cas. Co. ads. Crotty (Mk>.) 102 
 
 Continental Cas. Co. ads. Franklin (III.) 112 
 
 Continental Cas. Co. ads. Huguenin (i8. C.) 107 
 
 Continental Cas. Co. vs. Hunt (Ky.) 186 
 
 Continental Cas. Co. vs. Johnson (Kans.) 31 
 
 Continental Cas. Co. ads. Johnson (Mo.) 72 
 
 Continental Cas. Co. ads. Keen (Iowa) 140 
 
 Continental Cas. Co. vs. Matthis (Ky.) 192 
 
 Continental Cas. Co. vs. Peltier (Va.) 63 
 
 Continental Cas. Co. vs. Pittman (Ga.) 28 
 
 Continental Cas. Co. ads. Semancik (Pa.) 27 
 
 Continental Cas. Co. vs. Semple (Ky.) 83 
 
 Continental Ins. Co. vs. Lloyd (Ind.) 15 
 
 Cooper et al. ads. Fid. & Cas. Co. of N. Y. (Ky.) 244 
 
 Coulter vs. Travelers' Protective Ass'n of Am. (111.) 170 
 
 Cox ads. Nat'l Life & Ace. Ins. Co. (Ky.) 141 
 
 Crabtree ads. Aetna Life Ins. Co. (Ky.) 96 
 
 Crandal vs. Accident Ins. Co. (Fed.) 174- 
 
 Crandall ads. Accident Ins. Co. (Fed.) 174 
 
 Crandall vs. Continental Cas. Co. (111.) 173 
 
 Cronkhite vs. Accident Ins. Co. of N. A. (Fed.) 202 
 
 Crotty vs. Continental Cas. Co. (Mo.) 102 
 
 Crown Accidental Ins. Co. ads. Hamlyn (Eng.) 203 
 
 Cummings vs. Railway Mail Ass'n (Iowa) 232 
 
 O 
 
 Dabbert vs. Travelers' Ins. Co. (Ohio) 168 
 
 Davies ads. Travelers' Ins. Co. (Ky.) 107 
 
 Davis ads. Hartford Ace. & Ind. Co. (Ky.) 224 
 
TABLE OF CASES 257 
 
 Page 
 
 Davis ads. U. S. Fid. & Guar. Co. (Ky.) 224 
 
 Day vs. Great Eastern Cas. Co. (Wash.) 219 
 
 Delaney vs. Modern Ace. Club (Iowa) 55 
 
 Despain vs. Pacific Mut. Life Ins. Co. (Kans.) 200 
 
 Despain ads. Pacific Mut. Life Ins. Co. (Kans.) 200 
 
 Dent vs. Railway Mail Ass'n. (Fed.) 177 
 
 Dent ads. Railway Mail Ass'n (Fed.) 177 
 
 Dobbs ads. Order of United Com'l Trav. of Am. (Texas) 156 
 
 Dorgan ads. Manufacturers' Ace. Ind. Co. (Fed.) 36 
 
 Dorney ads. Aetna Life Ins. Co. (Ohio) 175 
 
 Dozier vs. Fid. & Cas. Co. (Fed.) 25 
 
 Driskell vs. U. S. Health & Ace. Ins. Co. (Mo.) 14 
 
 Duncan ads. Massachusetts Bond. & Ins. Co. (Ky.) 123 
 
 E 
 
 Edwards ads. Metropolitan Cas. Ins. Co. (Texas) 222 
 
 Elsey vs. Fid. & Cas. Co. (Ind.) 30-31 
 
 Empire Life Ins. Co. vs. Gee (Ala.) 197 
 
 Employers' Liability Assur. Co. ads. Clark (Vt.) 51 
 
 Equitable Ace. Ass'n ads. Martin (N. Y.) 34 
 
 Equitable Ace. Ass'n ads. Peck (N. Y.) 21 
 
 Equitable Ace. Ass'n ads. Reynolds (N. Y.) 181 
 
 Equitable Mut. Ace. Ass'n vs. McCluskey (Colo.) 8 
 
 Etherington vs. Lancashire & Yorkshire Ace. Ins. Co. (Eng.) 85 
 
 F 
 
 Farner v. Massachusetts Mut. Ace. Ins. Ass'n (Pa.) 76 
 
 Feder et al. vs. Iowa State Trav. Men's Ass'n (Iowa) 43 
 
 Fetter v. Fid. & Cas. Co. (Mo.') 15 
 
 Fid. & Cas. Co. ads. Abbott (Mich.) •-•■■• 230 
 
 Fid. & Gas. Co. ads. Carroll et al. (Fed.) 64 
 
 Fid. & Cas. Co. ads. Columbian Paper Stock Co. (Mo.) 157 
 
 Fid. & Cas. Co. vs. Cooper et al. (Ky.) 244 
 
 Fid. &■ Cas. Co. ads. Dozier (Fed.) 25 
 
 Fid. & Cas. Co. ads. Elsey (Ind.) 30-31 
 
 Fid. & Cas. Co. ads. Fetter (Mo.) 15 
 
 Fid. & Cas. Co. ads. French (Wis.) 79 
 
 Fid. & Cas. Co. ads. Gallagher (N. Y.) 3 
 
 Fid. & Cas. Co. ads. Hanley (Iowa) 13^ 
 
258 READY EEFEREKCE IIJSUR ANCE DIGEST 
 
 Page 
 
 Fid. & Cas. Co. ads. Johnson (Mich.) , 191 
 
 Fid. & Cas. Co. vs. Meyer (Ark.) 105 
 
 Fid. & Cas. Co. ads. Meyer (Iowa) ., ! 39 
 
 Fid. & Cas. Co. ads. MoGlinehey (Mte.) 1 
 
 Fid. & Cas. Co. ads. Miller (Fed.) 176 
 
 Fid. & Cas. Co. vs. Mitchell (Eng.) 144 
 
 Fid. & Gas. Co. ads. Eamsey (Tenn. ) 234 
 
 Fid. & Cas. Co. ads. Salinger (Ky.) 148 
 
 Fid. & Cas. Co. ads. Shanberg (Fed.) 69 
 
 Fid. & Cas. Co. vs. Staoey's Executors (Fed.) 65 
 
 Fid. & Cas. Co. ads. Stokely (Ala.) 120 
 
 Fid. & Cas. Co. ads. Stone (Tenn.) 129 
 
 Fid. & Cas. Co. ads. Thomas (Md.) 74 
 
 Fid. & Cas. Co. vs. Thompson (Fed.) 177 
 
 Fid. & iDep. Co. of M'd ads. Church (Cal.) 146 
 
 Fid. Mut. Aid Ass'n ads. Summers (Mo.) 160 
 
 Fidlers' Admrx. ads. American Ace. Co. (Ky.) 169 
 
 Finucane vs. Standard Ace. Ins. Co. (N. Y.) 4 
 
 First Texas State Ins. Co. vs. Jones (Texas) 198 
 
 Fitton vs. Accidental Death Ins. Co 246 
 
 Fitzgerald ads. Aetna Life Ins. Co. (Ind.) 67 
 
 Flint vs. Travelers' Ins. Co. (Texas) 204 
 
 Franklin vs. Continental Cas. Co. (111.) 112 
 
 Freeman vs. Loyal Protective Ins: Oo. (Mo.) 214 
 
 Freeman vs. Mercantile Mut. Ace. Ass'n (Ma,ss.) 9 
 
 French vs. Fid. & Cas. Co. (Wis.) 79 
 
 Fulton ads. Com'l Trav. Mut. Ace. Ass'n of Am. (Fed.) .. . 41-42 
 
 G 
 
 Gallagher vs. Fid. & Cas. Co. (N. Y.) 3 
 
 Garvey vs. Phoenix Pref'd Ace. Ins. Co. (N. Y. ) 2 
 
 Gee ads. Empire Life Ins. Co. (Ala.) 197 
 
 General Ace. Assur. Corp'n ads. Hall (Ga.) 119 
 
 General Ace. Assur. Corp'n ads. Searr (Eng.) 62 
 
 General Aoc. Assur. Corp'n ads. Taylor (Pa.) 58 
 
 General Ace, Fire & Life Assur. Co. vs. Homely (Md.) 208 
 
 General Ace., Fire & Life Assur. Co. vs. Meredith (Ky.) 190 
 
 General Ace, Fire & Life Assur. Co. ads. Moore (N. C.) 179 
 
 General Ace, Fire & Life Assur. Co. vs. Murray (Va.) 136 
 
TABLE OF CASES 259 
 
 Page 
 
 General Ace, Fire & Life Assur. Co. vs. Richardson (Ky.) . . . 114 
 
 Gerish ads. Globe Ace. Ins. Co. (lU.) 171 
 
 Glass ads. Maryland Cas. Co. (Texas) 52 
 
 Globe Ace. Ins. Co. vs. Gerish (111.) 171 
 
 Goodes vs. Order of United Com'l Trav. of Am. (Mo.) 108 
 
 Great Eastern Cas. Co. ads. Anderson (Utah) 147 
 
 Great Eastern Os. Co. ads. Day (Wash.) 219 
 
 Great Eastern Cas. Co. ads. Rorabaugh (Wash.) 248 
 
 Great Eastern Cas. Co. ads. Schwindermann (N. D.) 148 
 
 Great Western Ace. Ass'n ads. Lehman (Iowa) 94 
 
 Great Western Ace. Ins. Ass'n ads. Breen (Iowa) 235 
 
 Greenlee vs. Kansas City Cas. Co. (Mo.) 128 
 
 Griffin ads. Aetna Life Ins. Co.> (Texas) 87 
 
 Griffis ads. U. S. Cas. Co. (Ind.) 136 
 
 H 
 
 •Hall vs. American Masonic Ace. Ass'n (Wi^.) 37 
 
 Hall vs. General Ace. Assur. Corp'n Ltd. (Ga.) 119 
 
 Hall vs. Western Trav. Ace. Ass'n (Neb.) 207 
 
 Hamlyn vs. The Crown Ace. Ins. Co. (Eng.) 203 
 
 Hanley vs. Fid. & Oas. Co. (Iowa) 139 
 
 Hanna vs. Interstate Business Men's Ace. Ass'n (Cal.) 227 
 
 Harrington ads. Railway Mail Ass'n (Fed.) 213 
 
 Hartford Ace. & Ind. Co. ads. Rich (III.) 147 
 
 Hartford Ace. & Ind. Co. vs. Davis (Ky.) 224 
 
 Harvey ads. Travelers Ins. Co. (Va.) 162 
 
 Hatfield vs. Iowa State Trav. Men's Ass'n (Iowa) 139 
 
 Hatfield vs. Travelers' Protective Ass'n (Iowa) 139 
 
 Hawkeye Com'l Men's Ass'n ads. Jenkins (Iowa) 167 
 
 Hawkeye Com'l Men's Ass'n ads. Simpkins (Iowa) 166 
 
 Herdic vs. Maryland Cas. Co. (Fed.) 71 
 
 Hickey vs. Ministers' Cas. Union (Minn.) 134 
 
 Hicks et al. ads. Aetna Life Ins. Co. (Texas) 48 
 
 Higgins vs. Midland Cas. Co. (HI.) 28 
 
 Hills Adm'x vs. North American Ace. Ins. Co. (Ky.) 217 
 
 Hills Adm'x ads. North American Ace. Ins. Co. (Ky.) 216 
 
 Hilts vs. U. S. Cas. Co. (Mo.) 172 
 
 Homely ads. General Ace, Fire & Life Assur. Co. (Md.) 208 
 
260 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Hood (H. P.) & Sons Inc. vs. Maryland Cas. Co. (Mass.) 88 
 
 Hooper vs. Standard Life & Ace. Ins. Co. (Mo.) 103 
 
 Hornby vs. State Life Ins. Co. (Neb.) 247 
 
 Horsfall vs. Pacific Mlut. Life Ins. Co. (Wash.) 184 
 
 Horton vs. Travelers' Ins. Co. (Cal.) 231 
 
 Hubbard vs. Mut. Ace. Ass'n (Fed.) 47 
 
 Hubbard vs. Travelers' Ins. Co. (Fed.) 47 
 
 Hudgins ads. Maryland Cas. Co. (Texas) 164 
 
 Huguenin. vs. Continental Cas. Co. (S. C.) 107 
 
 Hummer vs. Midland Cas. Co. (Mich.) 178 
 
 Hunt ads. Continental Cas. Co. (Ky.) 186 
 
 Hunter ads. Travelers' Ins. Co. (Texas) 53 
 
 I 
 
 Illinois Com'l Men's Ass'n ads. Martin (III.) 126 
 
 Illinois Com'l iMen's Ass'n ads. McCormack et al. (Fed.) 196 
 
 Illinois Com'l Men's Ass'n vs. Parks (Fed.) 209 
 
 Indiana Trav. Ace. Ass'n ads. Schmid (Ind.) 84 
 
 Industrial Ins. Co. ads. Zappala (Wash.) 117 
 
 Internat'l Trav. Ass'n vs. Bosworth (Texas) 210 
 
 Internat'l Trav. Ass'n vs. Branum (Texas) 116 
 
 Inter-Ocean Cas. Co. ads. Nelson (Kans.) 219 
 
 Interstate 'Business Men's Ace. Ass'n ads. Ballagh (Iowa) . . . 178 
 
 Interstate Business Men's Ass'n ads. Hanna (Cal.) 227 
 
 Interstate Business Men's Aec. Ass'n ads. Layton (Iowa) 106 
 
 Interstate Business Men's Ace. Ass'n vs. Lewis (Fed.) 155 
 
 Interstate Business Men's Ace. Ass'n ads. Martin (Iowa) 227 
 
 Interstate Cas. Co. ads. 'Bailey (N. Y.) 183 
 
 Interstate Cas. Co. vs. Bird (Ohio) 46 
 
 Interstate Cas. Co. ads. Burnham (Mich.) 175 
 
 Interstate Cas. Co. ads. Kasten (Wis.) 205 
 
 Interstate Cas. Co. ads. Larkin (N. Y.) 46 
 
 Interstate Life & Aec. Ins. Co. ads. Conrad (Tenn.) 216 
 
 Iowa State Trav. Men's Ass'n ads. Caldwell (Iowa) 103 
 
 Iowa State Trav. Men's Ass'n ads. Feder et al. (Iowa) 43 
 
 Iowa 'State Trav. Men's Ass'n ads. Hatfield (Iowa) 139 
 
 Iowa State Trav. Men's Ass'n ads. Lewis (Fed.) 153-154 
 
 Iowa State Trav. Men's Ass'n ads. Lickleider (Iowa) .... 151-153 
 
TABLE OF CASES 261 
 
 Page 
 
 Iowa State Trav. Men's Ass'n ads. Smouse (Iowa) 53 
 
 Iowa State Trav. Men's Ass'n ads. Vernon (Iowa) 171 
 
 Isitt et al. vs. Railway Passenger Assur. Co. (Eng.) 203 
 
 Ivanesovich vs. North American Life & Cas. Co. (Minn.) 228 
 
 J 
 
 Jaques vs. Order of United Com'l Trav. of Am. (Kans.) 222 
 
 Jeffreyes v. Charles H. Sager Co. (N. Y.) 248 
 
 Jenkins vs. Hawkeye Com^l Men's Ass'n (Iowa) 167 
 
 Jiroeh vs. Travelers' Ins. Co. (Mich.) 70 
 
 Johnson vs. Bankers' Mut. Cas. Co. (Minn.) 194 
 
 Johnson ads. Continental Cas. Co. (Kans.) 31 
 
 Johnson vs. Continental Cas. Co. (Mo.) 72 
 
 Johnson vs. Fid. & Cas. Co. (Mich.) 191 
 
 Johnson ads. New Amsterdam Cas. Co. (Ohio) 123, 124 
 
 Johnson ads. Railway Mail Ass'n (Ark.) 228 
 
 Johnson ads. Railway Off. & Emp. Ace. Ass'n (Ky.) 32 
 
 Jones vs. Commonwealth Cas. Co. (Pa.) 124, 125 
 
 Jones ads. First Texas State Ins. Co. (Texas) 198 
 
 Jones vs. Pennsylvania Cas. Co. (N. C.) 67 
 
 Jordan ads. Knickerbocker Cas. Co. (Ohio) 161 
 
 K 
 
 Kaneft vs. Mut. Benefit Health & Ace. Ass'n (Neb.) 215 
 
 Kansas aty Cas? Co. ads. Greenlee (Mo.) 128 
 
 Kasten vs. Interstate Cas. Co. (Wis.) 205 
 
 Keefer vs. Pacilc Mut. Life Ins. Co. (Pa.) 247 
 
 Keen vs. Continental Cas. Co. (Iowa) 140 
 
 Kelley vs. Pittsburgh Cas. Co. (Pa.) 142 
 
 Kellner vs. Travelers' Ins. Co. (Cal.) 225 
 
 Kendall vs. Travelers' Protective Ass'n (Ore.) 149 
 
 Kenney vs. Bankers' Ace. Ins. Co. (Iowa) 75 
 
 Kinsey vs. Pacific Mut. Life Ins. Co. (Cal.) 215 
 
 Kling vs. Masons' Frat. Ace. Ass'n (La.) 206 
 
 Knickerbocker Cas. Co. vs. Jordan (Ohio) 161 
 
 Kopriviea vs. Standard Ace. Ins. Co. (Mo.) 229 
 
 L 
 
 Lancashire & Yorkshire Ace. Ins. Co. ads. Etherington (Eng.) 85 
 Landon vs. Pref'd Ace. Ins. Co. (N. Y.) 44 
 
 ■ -ll-v? 
 
262 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Larkin vs. Interstate Gas. Co. (N. Y.) 46 
 
 Lassater ads. Aetna Life Ins. Co. (Ala.) 193 
 
 Iiawrence vs. Accidental Ins. Co. (Canada) 165 
 
 Layton vs. Interstate Bus. Men's Aoc. Ass'n (Iowa) 106 
 
 Lehman vs. Great Western Ace. Ass'n (Iowa) 94 
 
 Leland vs. Order of United Com'l Trav. of Am. (Mass.) 249 
 
 Lenarick vs. Nat'l Cas. Co. (Minn.) 127 
 
 Lewis ads. Interstate Bus. Men's Ass'n (Fed.) 155 
 
 Lewis vs. loWa State Trav. Men's Ass'n (Fed.) 153-154 
 
 Lewis vs. Ocean Ace. & Guar. Corp'n, Ltd. (N. Y.) 154 
 
 Lickleider vs. Iowa State Trav. Men's Ass'n (Iowa) 151-153 
 
 Lloyd ads. Continental Ins. Cq. (Ind.) 15 
 
 London, B. & S'. C. E'way Co. ads. Pugh (Eng.) 40 
 
 London Guar. & Aec. Co. Ltd. ads. Mather et al. (Minn.) .... 32 
 
 London Guar. & Ace. Co. Ltd. ads. Root (N. Y.) 57 
 
 Loyal Protective Ins. Co. ads. Freeman (Mo.) 214 
 
 Loyal Protective Ass'n ads. Thompson (Mich.) 209 
 
 Ludwig vs. Pref'd Ace. Ins. Co. (Minn.) 92 
 
 M 
 
 Mackechie ads. Western Indem. Co. et al. (T^xas) 131 
 
 Malone ads. Trav. Protective Ass'n of Am. (Miss.) 242 
 
 Malone ads. U. S. Cas. Co. of N. Y. (Mss.) 242 
 
 Maloney vs. Maryland Cas. Co. (Ark.) 199 
 
 Manufacturers' Ace. Indem. Co. vs. Dorgan (Fed.) 36 
 
 Manufacturers' Ace. Indem. Co. ads. Martin (N. Y.) 34 
 
 Mardorf vs. Ace. Ins. Co. (Eng.) 54 
 
 Maritime Passengers' Ace. Co. ads. Sinclair 25 
 
 Martin vs. Equitable Aec. Ass'n (N. Y.) 34 
 
 Martin vs. Illinois Com'l Men's Ass'n (111.) 126 
 
 Martin vs. Interstate Bus. Men's Ace. Ass'n (Iowa) 227 
 
 Martin vs. M'anufacturers' Ace. Indem. Co. (N. Y.) 34 
 
 Maryland Cas. Co. vs. Glass (Texas) . . .\ 52 
 
 Maryland Cas. Co. ads. Herdic (Fed.) 71 
 
 Maryland Cas. Co. ads. H. P. Hood & Sons Co. (Mass.) 88 
 
 Maryland Cas. Co. vs. Hudgins (Texas) 1G4 
 
 Maryland Cas. Co. ads. Maloney (Ark.) 199 
 
 Maryland Cas. Co. vs. McCallumi (Ala.) 214 
 
TABLE OF CASES 263 
 
 Page 
 Maryland Cas. Co. vs. Morrow (Fed.) 116 
 
 Maryland Cas. Co. vs. Ohle (ild.) ' 194 
 
 Maryland Cas. Co. vs. Spitz (Fed.) 149 
 
 Masonic Protective Ass'n ads. MuUins (Mo.) 188 
 
 Masonic Protective Ass'n ads. Robinson (Vt.) 192 
 
 Masons Frat. Ace. Ass'n ads. Kling (La.) 206 
 
 Masachusetts 'Bond. & Ins. Co. vs. Duncan (Ky.) 123 
 
 Massachusetts Mut. Aec. Ins. Ass'n ads. Farner (Pa.) 76 
 
 Mather et al. vs. London Guar. & Ace. Co. Lti. (Minn.) 32 
 
 Matthis ads. Continental Oas. (>>. (Ky.) 192 
 
 Mays ads. New Amsterdam Cas. Co. (D. C.) 173 
 
 McAuley vs. Casualty Co. of A». (Mont.) 81-82 
 
 MoCabe ads. Pacific Mut. Life Ins. Co. (Ky.) 113 
 
 McCallum ads. Maryland Cas. Co. (Ala.) 214 
 
 McCarthy vs. Travelers' Ins. Co. (Fed.) . . . ; 159 
 
 MoCluskey ads. Equitable Mut. Ace. Ass'n (Colo.) 8 
 
 MeCormiaek et al. vs. Illinois Com'l Mien's Ass'n (Fed.) 196 
 
 McCuIlough vs. Railway Mail Ass'n (Pa.) 198 
 
 McEwen vs. Occidental Life Ids. Co. (Cal.) 99-100 
 
 McGlinchey et al. vs. Fid. & Cas. Co. (Me.) 1 
 
 Melnemey ads. Travelers' Ins. Co. (Ky.) 86 
 
 Meldrim ads. Pacific Mut. Life Ins. Co. (Ga.) 250 
 
 Melick ads. Travelers' Ins. Co. (Fed.) 158 
 
 Mercantile Mut. Ace. Ass'n ads. Freeman (Mass.) 9 
 
 Mercier vs. Travelers' Ins. Co. (Wash.) 207 
 
 Meredith ads. General Ace. & Life Assur. Corp'n, Ltd. (Ky.) 190 
 
 Merkel vs. (Railway Mail Ass'n (Mo.) 237 
 
 Merrick vs. Travelers' Ins. Co. (Kansas City, Mo.) 137 
 
 Metropolitan Cas. Ins. Co. vs. GEdwards (Texas) 222 
 
 Meyer ads. Fid. & Cas. Co. (Ark.) 105 
 
 Meyer vs. Fid. & Cas. Co. (Iowa) 39 
 
 Midland Cas. Co. ads. Higgins (111.) 28 
 
 Midland Cas. Co. ads. Hummer (Mich.) 178 
 
 Miller ads. Columbian Nat'l Life Ins. Co. (Ga.) Ill 
 
 Miller vs. Fid. & Cas. Co. (Fed.) 176 
 
 Miller ads. 'North American Ace. Ins. Co. (Texas) 142 
 
 Miner vs. Travelers' Ins. Co. (Ohio) 5 
 
 Ministers' Cas. Union ads. Hickey (Minn.) 134 
 
264 READY KEFEEENCE INSURANCE DIGEST 
 
 Page 
 
 Mitchell ads. Fid. & Cas. Co. (Eng.) 144 
 
 Modern Ace. Club ads. Delaney (Iowa) 55 
 
 Modern Brotherhood of Am. ads. Sullivan (Mich.) 97 
 
 Modern Woodmen Ace. Ass'n vs. Shryoek (Neb.) 187 
 
 Moon vs. Order of United Com'l Trav. of Am. (Neb.) 115 
 
 Moore vs. General Ace. Fire & Life Ins. Corp'n (N. C.) 179 
 
 Morrow ads. Maryland Cas. Co. (Fed. ) 116 
 
 Morrow vs. Nat'l Masonic Ace. Ass'n (Iowa) 59 
 
 Muir ads. Pref'd Ace. Ins. Co. (Fed.) 56 
 
 MuUins vs. Masonic Protective Ass'n (Mo.) 188 
 
 Murray ads. Gteneral Ace. Fire & Life Asstir. Corp'n (Va.) . . . 136 
 
 iMurray ads. Travelers' Ins. Co. (Colo.) ". 24 
 
 Mutual Ace. Ass'n ads. Hubbard (Fed. ) 47 
 
 Mutual Bene. Health & Ace. Ass'n ads. Anderson (Kansas 
 
 City) 240 
 
 Mutual Bene. Health & Ace. Ass'n ads. Kaneft (Neb.) 215 
 
 N 
 
 Nat'l Ass'n of R'way Clerks vs. Scott (Fed.) 75 
 
 Nat'l Cas. Co. ads. Lenarick (Minn.) 127 
 
 Nat'l Cas. Co. ads. Zeitler (Minn.) 113 
 
 Nat'l Employers' Assur. Ass'n ads. Cawley 243 
 
 Nat'l Life & Aoc. Ins. Co. vs. Cox (Ky.) 141 
 
 Nat'l Life & Ace. Ins. Co. ads. Robinson (Ind.) 242 
 
 Nat'l Life & Ace. Ins. Co. vs. Singleton (Ala.) 120 
 
 Nat'l Masonic Ace. Ass'n ads. Binder (Iowa) 60 
 
 Nat'l Masonic Ace. Ass'n ads. Morrow (Iowa) 59 
 
 Nat'l Masonic Ace. Ass'n ads. Prader (Iowa) 245 
 
 Nat'l Masonic Ace. Ass'n vs. Shryoek (Fed.) 169 
 
 Nat'l Relief Assur. Ass'n ads. Sweeney (N. Y.) 188 
 
 Nat'l Trav. Bene. Ass'n ads. Budde (Iowa) 218 
 
 Nat'l Trav. Bene. Ass'n ads. Semmons (Iowa) 143 
 
 Nax vs. Travelers' Ins. Co. (Fed.) 165 
 
 Nax ads. Travelers' Ins. Co. (Fed.) 166 
 
 Nelson vs. Inter-Ocean Oas. Co. (Eans.) 219 
 
 New Amsterdam Cas. Co. ads. Clarke (Cal.) 16-18 
 
 New Amsterdam Cas. Co. vs. Johnson (Ohio) 123-124 
 
 New Amsterdam Cas. Co. vs. Mays (D. C.) 173 
 
TABI.E OF CASES 265 
 
 Page 
 
 New Amsterdam Cas. Co. "ads. Bathman (Mich.) 179 
 
 New Amsterdam Cas. Co. vs. Shields (Fed.) 6 
 
 Niskern vs. United Brotherhood of Carp'rs & Joiners (N. Y.) 157 
 
 North American Ace. Ins." Co. vs. iHills' Admr. (Ky.) 216 
 
 North American Ace. Ins. Co. ads. Hills' Admr. (Ky.) 217 
 
 North American Ace. Ins. Co. vs. Miller (Texas) 142 
 
 North American Ace. Ins. Co. ads. Tromhlee (N. Y.) 132 
 
 North American 'Life & Ace. Co. vs. Burroughs (Pa.) 163 
 
 North American Life & C-as. Co. ads. Ivanesovich (Minn.)... 228 
 Noyes vs. Com'l Trav. Eastern Ace. Ass'n (Mass.) 65 
 
 O 
 
 CBrion vs. Columbian Nat'l Life Ins. Co. (Me.) 237 
 
 Occidental Life Ins. Co. ads. Bennetts (Cal.) 221 
 
 Occidental Life Ins. Co. ads. MfcEwen (Cal.) 99-100 
 
 Ocean Ace. & Guar. Corp'n, Ltd. ads. Lewis (X. Y.) 154 
 
 Ocean Ace. & Guar. Corp'n, Ltd. ads. Patterson (D. C.) 16 
 
 O'Connor vs. Columbian Nat'l Life Ins. Co. (St. Louis, Mo.) 239 
 
 Ohle ads. Maryland Cas. Co. of Baltimore (Md.) 194 
 
 Omberg vs. U. S. Mut. Ace. Ass'n (Ky.) 42 
 
 Order of United Com'l Trav. of Am. ads. Berry (Iowa) 122 
 
 Order of United Com'l Trav. of Am. ads. Brinsmade (Iowa) . . 201 
 
 Order of United Com'l Trav. of Am. vs. Dobbs (Texas) 156 
 
 Order of United Com'l Trav. of Am. ads. Goodes (Mo.) 108 
 
 Order of United Com^'l Trav. of Am. ads. Jaques (Kans.) 222 
 
 Order of United Com'l Trav. of Am. ads. Leland (Mass.) 249 
 
 Order of United Com'l Trav. of Am. ads. Moon (Neb.) 115 
 
 Order of United Com'l Trav. of Am', vs. Both (Texas) 211 
 
 Order of United Com'l Trav. of Am. ads. Sasse (N. Y.) 11 
 
 Order of United Comi Trav. of Am. vs. Simpson (Texas) 118 
 
 Order of United Com'l Trav. of Am. vs. Smith (Fed.) 98 
 
 Order of United Com'l Trav. of Am. ads. Wright (Mo.) 118 
 
 P 
 
 Pacific Mut. Life Ins. Co. ads. Carr (Mo.) 54 
 
 Pacific Mut. Life Ins. Co. vs. Despain (Kans.) 200 
 
 Pacific Mut. Life Ins. Co. a^s. Ite&pain (Kans.) 200 
 
 Pacific Mut. Life Ins. Co. ads. Horsfall (Wash.) 184 
 
266 READY REFERENCE INSURANCE DIGEST 
 
 Pacific Mut. Life Ins. Co. ads. Keefer (Pa.) 247 
 
 Pacific Mut. Life Ins. Co. ads. Kinsey (Cal.) 215 
 
 Pacific Mut. Life Ins. Co., vs. MoCabe (Ky.) , 113 
 
 Pacific Mut. Life Ins. Co. vs. Meldrim (Ga.) 250 
 
 Pacific Mut. Life Ins. Co. ads. Stout (Cal.) 51 
 
 Pack vs. Prudential Cas. Co. (Ky.) 29 
 
 Page vs. Com'! Trav. Eastern Aoc. Ass'n (Mass.) 138 
 
 Paries ads. Illinois Com'l Men's Ass'n (Fed.) 209 
 
 Patterson vs. Ocean Aec. & Guar. Co. (D. C.) 16 
 
 Patterson ads. Pref'd Ace. Ins. Co. (Fed.) 189 
 
 Peck vs. Equitable Ace. Ass'n of Binghamton (N. Y.) 21 
 
 Peltier ads. Continental Cas. Co. (Va.) 63 
 
 Penn vs. Standard Life & Ace. Ins. Co. ( N. C.) 95 
 
 Pennsylvania Cas. Co. ads. Jones (N. C.) 67 
 
 Pervanger vs. Union Cas. & Surety C!!o. (Miss.) 184 
 
 Phillips vs. Travelers' Ins. Co. (Mo.) 239 
 
 Phoenix TPref'd Ace. Ins. Co. ads. Garvey (N. Y.) 2 
 
 Pittman ads. Continental Cas. Co. (Ga.) 28 
 
 Pittsburgh Cas. Co. ads. Kelley (Pa.) 142 
 
 Pledger vs. 'Business Men's Ace. Ass'n of Texas (Texas) 144—145 
 
 Potter vs. Aetna Life Ins. Co. (Wash.) 104 
 
 Prader vs. Nat'l Masonic Ace. Ass'n (Iowa) 245 
 
 Preferred Ace. Ins. Co. ada. Cary (Wis.) ■. . 68 
 
 Preferred Aco. Ins. Co. ads. Landon (N. Y.) 44 
 
 Preferred Aco. Ins. Co. ads. Ludwig (Minn.) 92 
 
 Preferred Aec. Ins. Co. vs. Muir (Fed.) 56 
 
 Preferred Aec. Ins. Co. vs. Patterson (Fed.) 189 
 
 Preferred Aoc. Ins. Co. vs. Robinson (Fla.) 185 
 
 Preferred Mut. Ace. Ass'n vs. Beidelman (Pa.) 182 
 
 Preferred Mut. Aec. Ass'n ads. Cobb (Ga.) 162 
 
 Prudential Cas. Co. ads. Pack (Ky.) 29 
 
 Pugh vs. London, B. & S. C. R'way Co. (Eng.) 40 
 
 R 
 
 Railway Mail Ass'n ads. Atherton (Mo.) 232 
 
 Railway Mail Ass'n ads. Cumimings (Iowa) 232 
 
 Railway Mail Ass'n vs. Dent (Fed.) 177 
 
 Railway Mail Ass'n ads. Dent. (Fed.) 177 
 
TABLE OF CASES 267 
 
 Page 
 
 Railway Mail Ass'n vs. Harrington (Fed.) 213 
 
 Eailway Mail Ass'n vs. Johnson (Ark.) 228 
 
 Railway Mail Ass'n ads. Merkel (St. Louis, Mo.) 237 
 
 Eailway Mail Ass'n ads. McCullough (Pa.) 198 
 
 Eailway Mail Ass'n ads. Young (Mo. ) 201 
 
 Eailway Off. & Emp. Ace. Ass'n vs. Ooady (111.) 44 
 
 Eailway Off. & Emp. Ace. Ass'n vs. Johnson (Ky.) 32 
 
 Eailway Passengers' Assur. Co. ads. Isitt et al. (Eng.) 203 
 
 Eailway Passengers' Assur. Co. ads. Southard (Fed.) 159 
 
 Eamsey v. Fid. & Cas. Co. (Tenn.) 234 
 
 Eiathjen vs. Woodmen Ace. Ass'n (Neb.) 110 
 
 Eathman vs. New Amsterdam Cg,s. Co. (Mich.) 179 
 
 Eembe ads. Central Ace. Ins. Co. (111.) 161 
 
 Reynolds vs. Equitable Aec. Ass'n (N. Y.) 181 
 
 Eheinheimer vs. Aetna Life Ins. Co. (Ohio) 78 
 
 Rich vs. Hartford Ace. & Indem. Co. (111.) 147 
 
 Richardson ads. General Ace. Life & Fire Assur. Corp'n (Ky.) 114 
 
 Robinson vs. Masonic Protective Ass'n (Vt.) 192 
 
 Robinson vs. Nat'l Life & Aec. Ins. Co. (Ind.) 242 
 
 Robinson ads. Pref'd Ace. Ins. Co. (Fla.) 185 
 
 Rock vs. Travelers' Ins. Co. (Cal.) 181 
 
 Rodey vs. Travelers' Ins. Co. (N. Mex.) 250 
 
 Root vs. London Ouar. & Ace. Co., Ltd. (N. Y.) 57 
 
 Rorabaugh vs. Great Eastern Gas. Co. (Wash.) 248 
 
 Roth ads. Order of United Com'l Trav. of Am.. (Texas) 211 
 
 Ryan ads. Aetna Life Ins. Co. (Fed.) 221 
 
 S 
 
 Sager Co. (Charles H.) ads. Jeftreyes (N. Y.) 248 
 
 Sallinger vs. Fid. & Cas. Co. of N. Y. (Ky.) 148 
 
 Sasse vs. Order of United Comi Trav. of Am. (N. Y.) 11 
 
 Sasse vs. Travelers' Ins. Co. (N. Y.) 11 
 
 Scarr vs. General Ace. Assur. Corp'n, Ltd. (Eng.) 62 
 
 Sehiefelbusch ads. Business Men's Aec. Ass'n of Am. (Fed.). . 230 
 
 Schmaltz ads. (Standard Life & Ace. Ins. Co. (Ark.) 150 
 
 6'chmid vs. Indiana Trav. Aec. Ass'n (Ind.) 84 
 
 Schwindermami vs. Great Eastern Cas. Co. (N. D.) 148 
 
 Scott ads. Nat'l Ass'n of RVay Clerks (Fed.) 75 
 
 Scottish Ace. Ins. Co. ads. Anderson et al. (Scotland) 22 
 
268 READY EEFEBENCE INSURANCE DIGEST 
 
 Page 
 Scottish Ace. Ins. Co. ads. Clidero (Scotland) 250 
 
 Selden ads. Travelers' Ins. Co. (Fed.) 40 
 
 Semancik vs. Continental Cas. Co. (Pa.) 27 
 
 Semmons vs. Nat'l Trav. Bene. Ass'n (Iowa) 143 
 
 Semple ads. Continental Cas. Co. (Ky.) 83 
 
 Shanberg vs. Fid. & Cas. Co. (Fed.) 69 
 
 iSharpe vs. Com'l Trav. Mut. Ace. Ass'n of Am. (Ihd.) 38 
 
 Shields ads. New Amsterdam iCas. Co. (Fed.) 6 
 
 Shryock ads. Modern Woodmen Ace. Ass'n (Neb.) 187 
 
 Shryock ads. Nat'l Masonic Ace. Ass'n (Fed.) 169 
 
 Simpklns vs. Hawkeye Oom''l Men's Ass'n (Iowa) 166 
 
 Simpson ads. Order of United Com'! Trav. of Am. (Texas) . . . 118 
 
 Sinclair vs. The Maritime Pas. Ace. Co 25 
 
 Singleton ads. Nat'l Life & Ace. Ins. Co. (Ala.) 120 
 
 Skinner" vs. Com'l Trav. Mait. Ace. Ass'n of Am. (Mich.) 130 
 
 Smith vs. Accident Ins. Co. (Canada) 167 
 
 Smith ads. Order of United Com'l Trav. of Am. (Fed.) 98 
 
 Smith vs. Travelers' Ins. Co. (Mass.) 117 
 
 Smith ads. Western Com'l Trav. Ass'n (Fed.) 163 
 
 Smouse vs. Iowa State Trav. Men's Ass'n (Iowa) 63 
 
 Southard vs. Railway Pas. Assur. Co. (Fed.) 159 
 
 Spitz ads. Maryland Cas. Co. (Fed.) 149 
 
 Stacey's Executors ads. Fid. & Cas. Oo. (Fed.) 65 
 
 Standard Ace. Ins. Co. vs. Broom (Miss.) 133 
 
 Standard Ace. Ins. Co. ads. Finucane (N. Y.) 4 
 
 Standard Ace. Ins. Co. ads. Kopriviea (Mo.) 229 
 
 'Standard Life & Ace. Ins. Co. ads. Blackstone (Mich.) 245 
 
 Standard Life & Aec. Ins. Co. ads. Hooper (Mo.) 103 
 
 Standard Life & Ace. Ins. Co. ads. Penn (N. C.) 95 
 
 Standard Life & Aec. Ins. Co. vs. Schmaltz (Ark.) 150 
 
 Standard Life & Ace. Ins. Co. vs. Thomas (Ky.) 33 
 
 Standard Life & Ace. Ins. Co. ads. White (Minn.) 62 
 
 Standard Life & Aec. Ins. Co. vs. Wood (Md.) 99 
 
 Stanton vs. Travelers' Ins. Co. (^Conn.) 90 
 
 State Life Ins. Co. ads. Bell (Ga.) 238 
 
 State Life Ins. Co. ads. Hornby (Neb.) 247 
 
 Stokely vs. Fid. & Cas. Co. (Ala.) 120 
 
 Stone vs. Fid. & Cas. Co. (Tenn.) 129 
 
TABUl OF CASES 269 
 
 Page 
 
 Stout vs. Pacific Mut. Life Ins. Co. (Cal.) 51 
 
 Streeter vs. Western Union Mut. Life & Ace. Soc. (Mich.) . . . 180 
 
 Strehlow vs. Aetna Life Ins. Co. (111.) 193 
 
 Stull vs. U. S. Health & Ace. Ins. Co. (Ky.) ISO 
 
 Sullivan vs. Modern Brotherhood of Am. (Mich.) 97 
 
 Summers vs. Fid. Mut. Aid Ass'n (Mo.) 160 
 
 Sweeney ts. Nat'l Relief Assur. Ass'n (X. Y.) 188 
 
 T 
 
 Taylor vs. General Ace. Assur. Corp'n, Ltd. (Pa.) 58 
 
 Tennant vs. Travelers' Ins. Oo. (Fed.) 4 
 
 Thomas vs. Fid. & Cas. Oo. (M&.) 74 
 
 Thomas ads. Standard Life & Ace. Ins. Co. (Ky.) 33 
 
 Thompson vs. Columhian Nat'l Life Ins. Co. (Me.) 121 
 
 Thompson ads. Fid. & Cas. Co. of N. Y. (Fed.) 177 
 
 Thompson vs. Loyal Protective Ass'n (Mich.) 209 
 
 Thornton vs. Travelers' Ins. Co. (Ga.) 13 
 
 Thornton ads. Travelers' Ins. Co. (Ga.) 13 
 
 Thurber vs. Com'l Trav. Mut. Ace. Ass'n of Am. (N. Y.) . . 48-50 
 Townsend vs. Com'l Trajv. Mut. Ace. Ass'n of Am. (N. Y.) . . 226 
 
 Traiser vs. Com'l Trav. Eastern Ace. Ass'n (Mass.) 192 
 
 Transylvania Cas. Ins. Co. vs. Allan's Adm'r (Ky.) 220 
 
 Travelers' Ins. Co. ads. Abbott (Mich.) 230 
 
 Travelers' Ins. Co. ads. Ashelby (Minn.) 127 
 
 Travelers' Ins. Co. ads. .Bellows (Mo.) 156 
 
 Travelers' Ins. Oo. ads. Bingham (Ky.) 78 
 
 Travelers' Ins. Co. ads. Bohakef (Mass.) Ill 
 
 Travelers' Ins. Co. ads. Dabbert (Ohio) 168 
 
 Travelers' Ins. Co. vs. Davies (Ky.) 107 
 
 Travelers' Ins. Co. ads. Flint (Texas) 204 
 
 Travelers' Ins. Co. vs. Harvey (Va.) 162 
 
 Travelers' Ins. Co. ads. Horton (Cal.) 231 
 
 Travelers' Ins. Co. ads. Haibbard (Fed.) 47 
 
 Travelers' Ins. Co. vs. Hunter (Texas) 53 
 
 Travelers' Ins. Co. ads. Jiroch (Mich.) 70 
 
 Travelers' Ins. Co. ads. Kellner (Cal.) 225 
 
 Travelers' Ins. Co. ads. McCarthy (Fed.) 159 
 
 Travelers' Ins. Co. vs. Melnerney (Ky.) 86 
 
270 READY REFEBENCE INSTJBAyCE DIGEST 
 
 Page 
 Travelers' Ins. Co. vs. Meliek (Fed.) 158 
 
 Travelers' Ins. Co. ads. Mercier (Wash.) 207 
 
 Travelers' Ins. Co. ads. Merrick (Kansas City) 137 
 
 Travelers' Ins. Co. ads. Miner (Ohio) 5 
 
 Travelers' Ins. Co. vs. Mnirray (Colo.) 24 
 
 Travelers' Ins. Co. vs. Nax (Fed.) 166 
 
 Travelers' Ins. Co. ads. Nax (Fed.) .'. 165 
 
 Travelers' Ins. Co. ads. Phillips (Mo.) 239 
 
 Travelers' Ins. Co. ads. Rock (Cal.) 181 
 
 Travelers' Ins. Co. ads. Rodey (N. Mex.) 250 
 
 Travelers' Ins. Co. ads. Sasse (N. Y.) 11 
 
 Travelers' Ins. Co. vs. Selden (Fed.) 40 
 
 Travelers' Ins. Co. ads. Smith (Mass.) 117 
 
 Travelers' Ins. Co. ads. Stanton (Conn.) 90 
 
 Travelers' Ins. Co. ads. Tennant (Fed.) 4 
 
 Travelers' Ins. Co. vs. Thornton (Ga.) 13 
 
 Travelers' Ins. Co. ads. Thornton (Ga.) 13 
 
 Travelers' Protective Ass'n of Am', ads. Beile (Mo.) 93 
 
 Travelers' Protective Ass'n of Am. ads. Coulter (III.) 170 
 
 Travelers' Protective Ass'n of Am. ads. Hatfield (Iowa) 139 
 
 Travelers' Protective Ass'n of Am. ads. Kendall (Ore.)..... 149 
 
 Travelers' Protective Ass'n of Am. vs. Malone (Mass.) 242 
 
 Tromblee vs. North American Ace. Ins. Co. (N. Y.) 132 
 
 
 
 Union Cas. & Surety Co. ads. Pervanger (Miss.) 184 
 
 U'td Bro'hood of Carp'ns & Joiners of Am. ads. Niskern (N. Y.) 157 
 
 U. S. Cas. Co. vs. Griffis (Ind.) 136 
 
 U. S. Cas. Co. ads. Hilts (Mo.) 172 
 
 U. ;S. Cas. Co. vs. Malone (Miss.) 242 
 
 U. i8. Fid. & Cas. Co. vs. Blumi (Fed.) 243 
 
 U. S. Fid. & Guar. Co. vs. Davis (Ky.) 224 
 
 U. S. Health & Ace. Ins. Co. ads. .Driskell (Mo.) 14 
 
 U. S. Health & Ace. Ins. Co. ads. StuU (Ky.) 150 
 
 TJ. S. Mut. Ace. Ass'n ads. Bacon (N. Y.) 23-24 
 
 U. S. Mut. Ace. Ass'n vs. Barry (Fed.) , 10 
 
 U. S. MTit. Ace. Ass'n ads. Bernays (Fed.) 183 
 
 U. iS. Mut. Ace. Ass'n ads. Omberg (Ky.) 42 
 
TABLE OF CASES 271 
 
 Page 
 V 
 
 Vernon vs. Iowa State Trav. Men's A&s'n (Iowa) 171 
 
 W 
 
 Ward vs. Aetna Life Ins. Co. (Neb.) 20 
 
 Western Com'l Trav. Ass'n vs. Smith (Fed.) 163 
 
 Western Indem. Co. et al. vs. Mackechnie (Texas) 131 
 
 Western Trav. Ace. Ass'n ads. Hall (Neb.) 207 
 
 Western Trav. Ass'n ads. Williams (Neb.) 212 
 
 Western Union Mut. Life & Ace. Soc. ads. Streeter (Mich.) . . ISO 
 
 White vs. Standard Life & Ace. Ins. Co. j[Minn.) 62 
 
 Wicker ads. Aetna Life Ins. Co. .(Fed.) 20 
 
 Williams vs. Western Trav. Ass'n (Neb.) 212 
 
 Winspear vs. Accident Ins. Co. (Canada) 168 
 
 Wood ads. Standard Ace. & Life Ins. Co. {Md.) 99 
 
 Woodmen Ace. Ass'n ads. Rathjen (Neb.) 110 
 
 Wright vs. Order of United Com'l Trav. of Am. (Mo.) 118 
 
 Y 
 
 Young vs. Accident Ins. Co. (Canada) 22 
 
 Young ads. Accident Ins. Co. (Canada) 22 
 
 Young vs. Railway Mail Ass'n (Mo.) 201 
 
 Z 
 
 Zappala vs. Industrial Ins. Co. (Wash.) 117 
 
 Zeitler vs. Nat'l Cas. Co. (Minn.) 113 
 
TOPICAL INDEX 
 
TOPICAL INDEX 
 
 (The references are to pages.) 
 
 Page 
 Abdomen 
 
 bruised by sliding into cement base; appendi- 
 citis. Prior attack of appendicitis 91 
 
 injured by blow in auto accident; appendicitis; 
 surgical operation ; traumatic peritonitis 134 
 
 injured by blow of pitch-fork ; peritoneal inflam- 
 mation, etc 163 
 
 injured by fall against dashboard ; appendicitis ; 
 septic peritonitis; locked bowels; surgical 
 operation. Prior attacks of appendicitis 5 
 
 injured by fall from train. Malignant growth 
 on liver 216 
 
 injured by twisting of body by slipping on icy 
 
 ground; adhesions of bowels. Prior operation 
 cause of adhesions 142 
 
 injured by wrench or blow ; pancreatitis 106 
 
 injured in mail car ; traumatic appendicitis ; sep- 
 tic peritonitis 212 
 
 strained by swinging sledge hammer; hernia. 160 
 
 Abdominal 
 
 muscles injured by strain in bowling; appendi- 
 citis 93 
 
 (275) 
 
276 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Abrasion 
 
 of skin ; blood poisoning 192 
 
 of skin; infection; blood poisoning 178 
 
 on cheek ; infectious disease therein 102 
 
 on foot from wearing new shoe ; erysipelas germs 
 
 therein. Erysipelas germs in small-pox sores. 135 
 on head by blow; unconsciousness. Heart dis- 
 ease 50 
 
 on head by rubbing with infected towel; infec- 
 tion ; blood poisoning 230 
 
 on leg by fall ; bacterial infection therein ; blood 
 
 poisoning. Disease 67 
 
 on leg by striking against truck; blood poison- 
 ing ; septicaemia 3 
 
 on leg ; infection ; blood poisoning 79 
 
 on leg injured on car; inflammation; erysipelas 80 
 on limb by use of bath brush; blood poisoning. . 171 
 on toe by rubbing ; infection. Diabetic gangrene 240 
 on toe by wearing new shoe ; blood poisoning. . . 163 
 
 or scratch on ear ; infection erysipelas 237 
 
 r 
 
 Abrasions and bruises 
 
 on head by fall in plunge bath. Epileptic attack 
 
 caused fall 4 
 
 on hip by fall in street ; death. Disease 169 
 
 on hip and knees by fall ; death. Patty degene- 
 ration of heart 187 
 
 Abrasions 
 
 of skin, accidental; blood poisoning; death 192 
 
 of skin; infection; blood poisoning; accidental 
 death 178 
 
 Abscess 
 in lungs by inhalation of bug ; pneumonia. No 
 proof 213 
 
TOPICAL INDEX 277 
 
 Page 
 Abscess — Continued. 
 
 in lungs by rupture of blood vessel while exer- 
 cising with Indian clubs; inflammation; death 158 
 
 in oesophagus and choking on food ; death 173 
 
 on hip and fistulous tract from injury to hip on 
 train. Tubercular abscess 113 
 
 Accident 
 
 kidney disease ; death 243 
 
 and not uraemie convulsions caused death 192 
 
 and not venereal disease caused death 227 
 
 caused hernia 215 
 
 caused hernia 226 
 
 caused hernia ; surgical operation ; death 245 
 
 caused paralysis 179 
 
 caused tubercular trouble to flare up again. 
 
 Tubercular lesions healed before 143 
 
 caused strain and internal injuries; death 209 
 
 in auto caused death. Overdose of morphine or 
 
 Bright's disease 237 
 
 Disease 167 
 
 fever. Disease ; typhoid fever 168 
 
 weakened condition ; pneumonia : . . . 242 
 
 Accidental 
 
 drowning after diving into lake. Heart trouble . 194 
 
 injury and diabetes. Co-operating causes 62 
 
 injury cause of bodily disease and infirmity, and 
 
 death 170 
 
 injury; orchitis. Orchitis excepted in policy. . . 188 
 injury; infection. Pus germs; internal inflam- 
 mation 80 
 
 injury ; rehumatism 80 
 
 injury. Typhoid fever developed later 63 
 
 strain 122 
 
 wound ; infection ; blood poisoning 246 
 
278 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Acute dilation of heart 
 
 by chloroform given for surgical operation and 
 hidden disease of heart 92 
 
 Adhesions 
 
 of bowels by injury to abdomen by twisting of 
 body in slipping on icy ground 142 
 
 Amputation of arm 
 
 blood poisoning in scratch on hand 67 
 
 blood poisoning from infection of hand cut with 
 teeth of another 64 
 
 Amputation of leg 
 
 foot burned in hot air bath ; gangrene. Diabetes 69 
 injured while extinguishing fire. Prior injury 
 
 and lameness 96 
 
 puncture of epigastric artery by needle during 
 
 surgical operation for hernia; blood clot; 
 
 gangrene 234 
 
 toe cut while trimming nail; senile gangrene. 
 
 Disease ; no proof of accident 205 
 
 toe injured ; gangrene. Diabetes 115 
 
 Anaesthetic 
 
 for operation for injuries by bursting stitches in 
 appendicitis operation wound by vomiting and 
 coughing; unconsciousness; death. Disease 
 contributing cause 119 
 
 (Chloroform) for operation for appendicitis. 
 Blood poisoning ; septic poisoning 51 
 
 (Chloroform) for operation; acute dilation of 
 heart. Hidden disease of heart 92 
 
 Aneurism 
 and ruptured artery. Knocked down by break- 
 ers caused drowning 201 
 
TOPICAL INDEX 279 
 
 Page 
 Aneurism — Continued. 
 
 of the aorta by blow on chest ; death. Dilation 
 of heart; arterio sclerosis caused by syphilis. 141 
 
 of the aorta ruptured in fall down stairs. Faint- 
 ness 10 
 
 Angina pectoris 
 
 and heart spasms. Fall from bicycle fracturing 
 right femur 56 
 
 due to hemorrhage into aorta caused by fall. 
 Heart enlarged; arteries and blood vessels 
 diseased 138 
 
 Ankle 
 
 injured and fibula fractured by fail on icy walk ; 
 shock; encephalo; lung congestion; death. 
 Arterio sclerosis 73 
 
 Anthrax 
 malignant pustule, on lip. Poison; infectious 
 disease ; carbuncle 23 
 
 Apoplexy 
 
 and paralysis from fall, and arterio sclerosis and 
 
 Bright 's disease, cause of death 130 
 
 from blood clot on brain— head injured by fall 
 
 on ice. Degeneration of nerve and brain cells 210 
 caused by blow in falling from wagon and wheel 
 
 passing over neck. Apoplexy caused fall. ... 51 
 caused by cerebral hemorrhage due to injuries 
 
 to head and face in falling from buggy. 
 
 Heart disease or apoplexy caused fall 195 
 
 caused by contusion of cerebellum from fall. 
 
 Degeneration of cerebrum, etc. • 37 
 
 caused by rupture of blood vessel in brain by 
 
 shock and excitement watching fire 116 
 
280 READY EEFERBNCE INSUEANCE DIGEST 
 
 Page 
 
 Apoplexy — Continued. 
 
 caused fall. Uraemic poisoning. Accidental 
 fall causing injury to face and death 247 
 
 caused fall. Apoplexy caused by blow in fall 
 from wagon and wheel passing over neck 51 
 
 caused fall. Fall from car; blood vessel rup- 
 tured 103 
 
 caused by fall on floor causing hemorrhage from 
 ear and nose and fracture at base of skull 108 
 
 caused by exertion running up hill; pain in 
 head. Bodily infirmity and predisposition to 
 apoplexy 40 
 
 or heart failure. Drowning 215 
 
 or paralysis caused by artery ruptured by blow. 
 Arteries diseased and weakened 59 
 
 or paralysis caused by falling on icy steps. Dis- 
 ease 143 
 
 or sudden seizure. Accidental fall into water; 
 drowning 174 
 
 prior to asphyxiation. Asphyxiation Ill 
 
 (See Arterio sclerosis; Cerebral hemorrhage; 
 Hardening of arteries ; Paralysis.) 
 
 Appendicitis 
 
 and anaesthetic for operation to remedy the 
 bursting of stitches of appendicitis operation 
 wound caused by vomiting, etc., were cause 
 of death 119 
 
 and operation several days after injury by 
 swinging against car, cause of death. Not 
 immediate disability 187 
 
 caused by bicycle riding ; septic peritonitis 7 
 
 caused by injury to side by falling; surgical 
 operation ; peritonitis ; death 124 
 
 caused by strain in carrsdng heavy basket. Sus- 
 ceptibility to disease from prior attack 89 
 
TOPICAL INDEX 281 
 
 Page 
 Appendicitis — Continued. 
 
 caused by strain of abdominal muscles when 
 bowling 93 
 
 and concussion of brain and heart disease, from 
 being struck across stomach by auto and 
 thrown to pavement injuring head 16 
 
 after injury to abdomen in sliding into a cement 
 base. Prior attack 91 
 
 Operation; hernia and operation for it; fall; 
 hernia ; peritonitis. Hernia sac existed before 
 fall 224 
 
 or peritonitis caused bjj injury to right side in 
 fall on sidewalk 20 
 
 septic peritonitis; locked bowels caused by in- 
 jury to abdomen in falling against dashboard ; 
 surgical operation therefor. Prior attacks of 
 appendicitis 5 
 
 Surgical operation for, and chloroform given. 
 Blood poisoning and septic poisoning 51 
 
 Surgical operation for, and septic septicaemia. 
 Not an accident 71 
 
 Traumatic, by injury to abdomen; septic peri- 
 tonitis 212 
 
 traumatic peritonitis or inflammation of perito- 
 neum ; surgical operation, result of abdominal 
 injuries from auto overturning. Disease 134 
 
 Appendix 
 
 inflamed by bicycle riding ; septic peritonitis ... 7 
 
 Arm amputated 
 
 Hand cut on teeth of another; infection; blood 
 
 poisoning ; death 64 
 
 Hand scratched ; blood poisoning 67 
 
282 KEADY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Arm broken 
 
 face cut and bruised by fall on stone steps; 
 
 hemorrhages 57 
 
 pain in chest and lungs ; embolus or thrombus ; 
 
 death. Pneumonia 21 
 
 Arm, face and head 
 
 injured by falling on floor. Paralysis 113 
 
 Arm 
 
 punctured with hypodermic needle; infection; 
 blood poisoning 226 
 
 Arterio sclerosis 
 
 Bright 's disease and fall ; apoplexy and paralysis 130 
 
 and lifting ruptured blood vessel 157 
 
 Blood clot near heart from strain in slipping in 
 taking tire off auto ; death 151 
 
 from syphilis; dilation of heart. Blow on chest 
 caused aneurism of aorta ; death 141 
 
 cerebral hemorrhage. Inference of accidental 
 fall from bruise '. 239 
 
 cerebral hemorrhage. Hit by subway door; 
 cerebral hemorrhage 221 
 
 hardening of arteries. Strain or over-exertion 
 in controlling horse ; blood vessel in brain rup- 
 tured 82 
 
 hardening of arteries. Pall; struck body on 
 stone ; heart ruptured ; death 114 
 
 Leg broken ; chloroform administered ; death. . . 98 
 
 Pall on icy walk, injured ankle and^ fractured 
 fibula; shock; encephalo; lung congestion; 
 death 73 
 
 Arteries 
 diseased and weakened. Blow ruptured artery; 
 apoplexy and paralysis 59 
 
TOPICAL INDEX 283 
 
 Page 
 
 Artery ruptured 
 
 by fall or blow; apoplexy or paralysis. Arte- 
 ries diseased and weakened 59 
 
 in reaching to close shutter; hemorrhage. No 
 accident and consumption 42 
 
 in extracting teeth ; infection from germs on cot- 
 ton used ; blood poisoning. Poison excepted. . 204 
 
 when insured fell over while sawing board in 
 cramped position. No accident 117 
 
 Ascending paralysis 
 
 from fall ; back injured, 100 
 
 Asphyxiation 
 
 by gas escaping into sleeping room ■ 235 
 
 by carbon monoxide from imperfect combustion 104 
 Apoplexy before asphyxiation Ill 
 
 Assaulted 
 
 with sticks; injured; death. Typhoid fever 214 
 
 Auto-intoxication 
 
 from injury to head by fall from buggy. Prior 
 injury and disease 88 
 
 Automobile accident 
 injuries; death. Overdose of morphine or 
 Bright 's disease 237 
 
 Back 
 
 and kidneys injured when thrown against side 
 of car ; Bright 's disease ; death 185 
 
 injured and strained from fall in car. Typhoid 
 fever 47 
 
 injured when struck with bale of hay ; nephritis ; 
 death 208 
 
284 READY EEFERENCE INSURANCE DIGEST 
 
 Page 
 
 Back — Continued. 
 
 injured by fall; ascending paralysis; death 100 
 
 injured; bruises and misalignment of lumbar 
 
 vertebrae ; death. Consumption 231 
 
 neck and shoulders injured by fall; prevented 
 bending of back and neck. Not lumbago, 
 crick or lame back 198 
 
 Bacteria 
 
 in injury to gum in extracting teeth; blood 
 poisoning 234 
 
 Bacterial infection 
 
 in abrasion on leg from fall ; blood poisoning. . . 67 
 
 Barrel of beer 
 
 fell on insured; sickness; death. Pneumonia; 
 congestion of lungs ; death 228 
 
 Bathing 
 
 champs ; drowned 161 
 
 Bath brush used 
 
 caused abrasion on limb ; infection ; blood poison- 
 ing I'^l 
 
 Bed sores 
 blood poisoning ; disease. Struck with bed-pan ; 
 injury ; infection ; blood poisoning ; death 199 
 
 Bicycle riding 
 caused inflammation of appendix; septic peri- 
 tonitis ' 
 
 Bite 
 
 of venomous insect ; death. Poison 181 
 
TOPICAL INDEX 285 
 
 Page 
 
 Bite — Continued. 
 
 of dog ; infection ; blood poisoning ; death. Con- 
 tact with poison, etc 76 
 
 Blindness 
 
 loss of eye, from hemorrhage caused by striking 
 eye on door hinge. Prior disease of eye 86 
 
 Blood clot 
 
 in epigastric artery caused by puncture by 
 
 needle while operating on hernia ; gangrene in 
 
 leg ; leg amputated 234 
 
 near heart caused by strain ia slipping ia taking 
 
 tire ofE auto ; death. Arterio sclerosis 151 
 
 on brain caused by fall on ice ; apoplexy ; death. 
 
 Degeneration of nerve and brain cells 210 
 
 on brain and semi-consciousness, from injury to 
 
 head. Cerebral hemorrhage 197 
 
 or embolus detached and dislodged by jar in 
 
 slipping while convalescing from operation. . . 250 
 or embolus from exertion of intentional lifting; 
 
 loss of sight 147 
 
 Blood poisoning 
 
 in mashed finger ; diabetes 240 
 
 in abrasion on toe from wearing new shoe 163 
 
 from virulent germs on dental instruments 230 
 
 in leg injured with hypodermic needle while 
 
 injecting morphia 182 
 
 in hand punctured with embalming needle 166 
 
 from infection of abrasion on head from rubbing 
 
 head with infected towel 230 
 
 caused by sting of insect 42 
 
 caused by swallovdng a fishbone which lodged in 
 
 rectum 167 
 
286 EEADY EEFERENCE INSUEANCE DIGEST 
 
 Page 
 
 Blood poisoning — Continued, 
 caused by use of infected cotton after rupture of 
 
 artery in extracting tooth 204 
 
 caused by infection of injured finger with virus 
 
 from injured thumb 34 
 
 causiag loss of sight, from infection during a 
 
 professional operation 194 
 
 fr6m accidental abrasion of skin or wound 192 
 
 from bacteria in injury of gum by extracting 
 
 teeth 234 
 
 from bacterial infection in -abrasion of leg by 
 
 fall 67 
 
 from erysipelas and inflammation in finger cut 
 
 by steel eraser in scuffling 55 
 
 from infection by septic matter coughed into 
 
 eye. No abrasion or wound 176 
 
 from infection of abrasion on leg ; death 79 
 
 from infection of abrasion of skin, accidental . . . 178 
 from infection of accidental wound ; infection at 
 
 time of or after accident 246 
 
 from infection of finger cut with broken bottle. . 146 
 from infection of foot cut while trimming corn. 165 
 from infection of scratch on hand; arm ampu- 
 tated 67 
 
 from infection of scratch or cut on finger 78 
 
 from infection of thumb bitten by dog 76 
 
 from infection wound on arm by puncture of 
 
 hypodermic needle 226 
 
 from infection of wound result of being struck 
 
 with bed-pan. Blood poisoning from bed sores 199 
 from inflammation of pericardial sac and rup- 
 ture of heart caused by a fall 121 
 
 from injury to knee; swelling and effusion of 
 water and serum on kn6e; death. Bright 's 
 disease 109 
 
TOPICAL INDEX 287 
 
 Page 
 
 Blood poisoning — Continued. 
 
 in abrasion on limb caused by use of bath brush 171 
 
 in cut on hand by teeth of another; arm ampu- 
 tated ; death 64 
 
 or septicaemia from accidental injury to leg. 
 Disease contributory cause 172 
 
 or septicaemia from infection of abrasion on leg 
 caused by striking against truck 3 
 
 or septicaemia from infection of finger cut on 
 wire spring 247 
 
 or septicaemia from cutting finger on broken 
 bottle. Contact with a poisonous substance. . 161 
 
 or septic .poisoning. Chloroform for surgical 
 operation for appendicitis 51 
 
 from accidental injury 215 
 
 and septicaemia from injury. Clasification in 
 
 policy as sickness 147 
 
 (See Infection; Inflammation; Septicaemia.) 
 
 Blood rupture 
 in retina by raising hand suddenly, weakened 
 condition and strong blood pressure, causing 
 loss of sight 128 
 
 Blood vessel 
 
 in brain ruptured by fall in car. Apoplexy 103 
 
 in brain ruptured by shock witnessing fire. 
 Apoplexy ■ H^ 
 
 in brain ruptured by strain in controlling horse. 
 Arterio sclerosis 82 
 
 in head ruptured; fall; cerebral hemorrhage; 
 paralysis. Cerebral hemorrhage excepted 156 
 
 in lungs ruptured by exercising with Indian 
 clubs; inflammation; abscessess; death. Dis- 
 ease 158 
 
 in lungs ruptured by strain in lifting mail bags. 200 
 
288 BEADY BEFEBENCE INSUBAJTCE DIGEST 
 
 Page 
 Blood vessel — Continued. 
 
 in stomach and lungs by lifting and straining, 
 
 etc 183 
 
 ruptured by lifting, and arterio sclerosis ; death 157 
 
 ruptured by voluntary exertion 52 
 
 Blow 
 
 on abdomen by slipping of pitch-fork ; peritoneal 
 inflammation 163 
 
 on abdomen in auto accident ; appendicitis ; sur- 
 gical operation; traumatic peritonitis; death. . 134 
 
 on chest ; aneurism of aorta ; death. Dilation of 
 heart; and arterio sclerosis from syphilis 141 
 
 on chest; discoloration of chest; spitting of 
 blood; death 196 
 
 on head; abrasions; unconsciousness; death. 
 Heart disease 50 
 
 from falling plaster; disability. Fever and 
 hernia not contributory causes 12 
 
 on stomach ; bruises ; peritonitis ; death 235 
 
 on temple ; hemorrhage ; insanity ; death 77 
 
 or fall; artery ruptured; apoplexy; paralysis. 
 Arteries diseased 59 
 
 or wrench to abdomen; pancreatitis; death 106 
 
 Blows 
 
 inflicted by foot-pads; kidneys injured; inflam- 
 mation of kidneys ; nephritis 155 
 
 Bone 
 
 of leg diseased. Leg struck fracturing tibia .... 209 
 
 Bodily disease 
 
 or infirmity caused by accidental injuries; 
 death 170 
 
TOPICAL INDEX 289 
 
 Page 
 
 Bodily infirmity 
 
 predisposition to apoplexy. Exertion running 
 up hill ; pain in head ; apoplexy 40 
 
 Boil on neck 
 
 scratched scab off ; erysipelas ; death 149 
 
 Bowels 
 
 injured by blow of pitch-fork; peritoneal in- 
 flammation 163 
 
 injured by fall against dashboard ; appendicitis ; 
 peritonitis. Prior attack of appendicitis .... 5 
 
 injured by strain in carrying ashes ; loop or kink 
 in bowel 217 
 
 slipped; obstruction of bowels; intessusception ; 
 death 190 
 
 slipped in front of liver after colon fell out of 
 place from strain in pulling on stocking. Not 
 accidental 249 
 
 Bowling 
 
 strained side; abdominal muscles injured; 
 appendicitis 93 
 
 Brain 
 
 and head injured by fall on frozen ground; 
 ecchymosis of brain covering; death. Cere- 
 bral hemorrhage 211 
 
 and heart disease cause of fall injuring head 38 
 
 Concussion of, from injury, to head by fall. 
 Heart disease, etc 131 
 
 Concussion of ; neck and head injured by fall on 
 polished floor; death. Dizziness; Bright 's 
 disease 44 
 
 injured in rupturing blood vessel by strain or 
 
290 READY r.EFET;EXCE INSURANCE DIGEST 
 
 Brain — Continued. 
 
 exertion in controlling a horse. Arterio 
 sclerosis 82 
 
 Breast 
 
 injured by fall on heavy iron ; pneumonia ; death 
 a month later. Not solely accidental 149 
 
 Bright 's disease 
 
 arterio sclerosis; fall from moving car, cause of 
 apoplexy ; paralysis ; death 130 
 
 from injuries to back and kidneys when thrown ■ 
 against side of car 185 
 
 Struck knee; swelling of, and effusion of water 
 and serum ; blood poisoning ; death 109 
 
 or overdose of morphine. Injuries from automo- 
 bile accident cause of death 237 
 
 dizziness. Pall on polished floor; head and 
 neck injured ; concussion of brain 44 
 
 Broken limb 
 inflammation and discoloration extending to 
 body; death 245 
 
 Brtiise 
 
 and abrasion on head from fall in plunge bath 
 
 due to epileptic attack 4 
 
 carbuncle ; infection ; diabetes ; death 219 
 
 inference of fall. No inference of accident; 
 
 arterio sclerosis ; cerebral hemorrhage 239 
 
 on finger by handling heavy material ; felon 191 
 
 on hand ; embolus passed from it to brain ; death 132 
 left shin. Liver, heart, lungs and appendix dis- 
 eased 74 
 
 on side by fall ; fever ; death. Typhoid fever. . . 33 
 on spine by fall in bath room ; death. Diseased 
 spine ^ 223 
 
TOPICAIi INDEX 291 
 
 Page 
 
 Bruises 
 
 and cuts on face, and arm broken by fall on 
 stone steps ; hemorrhages ; death 57 
 
 and scratches on face and head by fall caused 
 accidentally or by apoplexy; death. Uraemie 
 poisoning 247 
 
 on back and misalignment of vertebrae by fall ; 
 death. Consumption 231 
 
 on head and neck from hitting fender in fall to 
 floor; concussion of brain; death. Bright 's 
 disease 44 
 
 on stomach from blow ;• f)eritonitis ; death 235 
 
 on temple and spinal column by fall; pneu- 
 monia ; paralysis ; death 140 
 
 Bug inhaled 
 
 abscess in lung ; pneumonia ; death. No proof of 213 
 
 Burned feet 
 
 in hot air bath ; gangrene ; toes amputated ; leg 
 amputated; death. Diabetes 69 
 
 Cancer 
 
 hemorrhage therefrom; death. Fall; stomach 
 injured; hemorrhage from peritoneal cavity; 
 death 126 
 
 ulcer or abscess; death. Slipped; strained 
 groin; ulcer or abscess; death 129 
 
 Cancerous kidney 
 Kidney ruptured by fall 15 
 
 Cancerous tumor 
 
 of liver ruptured by strain while playing golf; 
 hemorrhage ; death 233 
 
292 KEADY EEFERENCB INSURANCE DIGEST 
 
 Page 
 
 Carbon monoxide 
 
 from imperfect combustion; gas poisoning; 
 death. Myocarditis 104 
 
 Carbuncle 
 
 infectious disease; poison. Anthrax, malignant 
 pustule on lip from putrid animal matter with 
 bacillus 23 
 
 from bruise ; infection ; diabetes ; death 219 
 
 Carrying 
 
 ashes; strained or ruptured side; loop in bowel 217 
 baggage; strained optic nerve; loss of sight. 
 
 Over-exertion in emaciated condition 162 
 
 casket; strain from over-exertion; dilation of 
 heart ; death. No accident 180 
 
 Cartilage 
 
 of knee dislocated by stooping. Weakness or 
 disease 203 
 
 Cataract 
 
 and fall from train ; loss of sight 294 
 
 Cerebral hemorrhage 
 
 from arterio sclerosis. Bruise ; fall, etc 239 
 
 from arterio sclerosis. Hit by subway door; 
 
 cerebral hemorrhage ; death 221 
 
 from blood clot on brain. Head injured 197 
 
 from hardening of arteries. Fall ; head injured ; 
 
 cerebral hemorrhage ; paralysis 222 
 
 from injuries to face and head by fall from 
 
 biiggy; apoplexy; death. Heart disease, etc. 195 
 from rupturing blood vessel due to injury to 
 
 head by a fall ; partial paralysis 156 
 
TOPICAL INDEX 293 
 
 Page 
 
 Cerebral hemorrhage — Continued. 
 Fall on frozen ground; injured head; ecchymo- 
 
 sis of brain ; death 211 
 
 from shock by falling on sidwalk. Tumor on 
 
 brain 15 
 
 or traumatic pneumonia from injury to head and 
 
 shoulder by a fall, causing death 71 
 
 Cerebro spinal meningitis 
 from wound on head by fall in bath-room. 
 Meningitis cause of fall 127 
 
 Cheek 
 
 abraded; infection; infectious disease; death... 102 
 
 Chest 
 
 injured by blow; aneurism of aorta; death. 
 Dilation of heart and arterio sclerosis from 
 
 syphilis ^^^ 
 
 injured by blow; spitting of blood; death 196 
 
 in falling and striking post ; pulmonary hemor- 
 rhages ; death 112 
 
 Chin 
 
 injured by jab of tweezers in removing ingrow- 
 ing hairs ; infection ; disability 148 
 
 Chloroform 
 
 administered to set broken leg. Arterio sclerosis 98 
 for surgical operation ; hidden disease of heart ; 
 
 acute dilation of heart 92 
 
 for surgical operation for appendicitis; blood 
 
 poisoning. Septic poisoning 51 
 
 Choked 
 
 on food ; abscess in oesophagus ; death 173 
 
294 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Cirrhosis 
 
 and cancerous tumor of liver ruptured by strain 
 
 while playing golf ; hemorrhage ; death 233 
 
 of liver. Fall on staircase ; injured ; death 229 
 
 Gleaning stables 
 
 contracted glanders, an infectious disease 87 
 
 Climatic conditions 
 
 climbing steps ; physical exertion ; death 83 
 
 Climbing steps 
 physical exertion ; climatic conditions ; death . . . 83 
 
 Cold plunge bath 
 
 shock ; dilation of heart ; death 123 
 
 Cold 
 
 pneumonia ; death ; resulted from accidental fall 
 dislocating shoulder , '. 202 
 
 Colon 
 
 fell out of place and bowels slipped from strain 
 pulling on stockings. Not accidental 249 
 
 Concussion of brain 
 
 appendicitis, and heart disease from injury to 
 head and stomach by being struck by auto ... 16 
 
 from injury to head by falling on floor; death. 
 Bright's disease 44 
 
 from injury to head by falling out of hack; 
 death. Diseased heart, etc 131 
 
 Congestion of lungs 
 
 pneumonia; death. Barrel fell on insured; 
 sickness ; death 228 
 
TOPICAL INDEX 295 
 
 Page 
 
 Consumption 
 
 no accident. Artery ruptured in reaching to 
 
 close a shutter ; hemorrhage ; death 42 
 
 Fall injuring back and spine cause of death . . . 231 
 
 Contact with poison ivy 
 
 infection ; death. Poison ; disease 177 
 
 inflammation of eyes. Poison or infection 185 
 
 Contusion of cerebellum 
 apoplexy and death due to fall. Degeneration 
 of cerebrum, etc 37 
 
 Convalescing 
 from operation, slipped and jar detached and 
 dislodged embolus causing death 250 
 
 Co-operating causes 
 accidental injury and diabetes 62 
 
 Coronary sclerosis 
 FaU 137 
 
 Coughing 
 
 and vomiting burst stitches in wound of appendi- 
 citis operation; anaesthetic given for opera- 
 tion; death. Disease 119 
 
 of saliva infected with pyorrhea germs into face ; 
 septic poisoning ; death ■ 137 
 
 of septic matter into eye ; infection ; blood poi- 
 soning. No abrasion 176 
 
 Cramped 
 
 .position sawing board; fell over; ruptured 
 artery ; death H ' 
 
296 READY REFERENCE INSURANCE DIGEST 
 
 Cramps 
 while bathing. Drowning cause of death 161 
 
 Cranking auto 
 
 lost footing and fell; injured stomach; death. 
 Disease ; cysts on kidney 189 
 
 Cut hand 
 
 on teeth in striking another; blood poisoning; 
 arm amputated ; death 64 
 
 Cut finger 
 
 erysipelas ; death. No visible marks, etc. 183 
 
 infection; blood poisoning; death. Bodily in- 
 firmity, etc. '78 
 
 on broken bottle; blood poisoning; death 146 
 
 on broken bottle; l^lood poisoning or septi- 
 caemia ; death. Blood poisordng ; contact with 
 
 poisonous substance 161 
 
 on wire spring; infection; blood poisoning or 
 
 septicaemia ; death 247 
 
 with steel eraser; erysipelas; blood poisoning; 
 death 55 
 
 Cut foot 
 
 on earthenware pan; erysipelas; death. Inter- 
 vening or secondary cause excepted 167 
 
 while trimming corn; blood poisoning; death. . . 165 
 
 Cut lip 
 
 while shaving; infection which spread to face 
 and neck ; death 120 
 
 Cut throat 
 
 while suffering pain from tetanus from injured 
 foot. Suicide, etc 15'7 
 
TOPICAL INDEX 297 
 
 Page 
 
 Cut toe 
 
 in trimming nail ; gangrene ; amputation of leg ; 
 death. No proof of accidental injury ; disease, 
 senile gangrene 205 
 
 Cysts 
 
 on kidney, disease. Fell while cranking auto; 
 injured kidney and stomach ; death 189 
 
 Decomposed 
 
 ice cream eaten ; ptomaine poisoning ; death .... 238 
 Deficient circulation 
 from heart weakened Dy shock of fall 48 
 
 Degeneration 
 
 of cerebrum. Fall; contusion of cerebellum; 
 apoplexy 37 
 
 of nerve and brain cells. Fell on ice while skat- 
 ing; injured wrist and head; cerebral apo- 
 plexy ; death 210 
 
 Delirium 
 
 fall from window ; death. Disease 54 
 
 tremens from intoxicatin; morphine adminis- 
 tered ; death 203 
 
 Delirious 
 
 fell from window ; death. Disease 54 
 
 from typhoid fever; fell or jumped from win- 
 dow ; death 110 
 
 Dental treatment 
 
 virulent germs on instruments used; blood poi- 
 soning ; death 230 
 
 Detached and dislodged embolus 
 by jar in slipping 250 
 
298 KEADY EEFERENCE INSURANCE DIGEST 
 
 Page 
 
 Diabetes 
 
 and accidental injury eo-operating ; death 62 
 
 and blood poisoning from mashed finger. Dis- 
 ease 240 
 
 concurring. Toe injured; gangrene in foot and 
 leg ; leg amputated ; death 115 
 
 and gangrene from burning feet in hot air bath ; 
 toes amputated; leg amputated. Diabetes; 
 disease 69 
 
 and infection of carbuncle caused by bruise; 
 death ' 219 
 
 (traumatic) from accidental injury; death 193 
 
 Diabetic gangrene 
 
 from infection of abrasion on toe by rubbing 
 with towel ; death. No proof of accident 240 
 
 Dilation of heart 
 
 and arterio sclerosis, from syphilis. Blow on 
 
 chest ; aneurism of .aorta ; death 141 
 
 from chloroform given for surgical operation. . . 92 
 
 from exertion in lifting 184 
 
 from shock in taking cold plunge bath ; death. . . 123 
 from over-exertion or strain by carrying casket 
 
 downstairs ; death. No accident 180 
 
 by strain from physical exertion ; death. Heart 
 
 weak, etc 61 
 
 Disease 
 
 Fall ; injuries and disease ; death 249 
 
 and fall on slippery sidewalk ruptured heart .... 46 
 and low vitality passive allies. Accidental fall- 
 ing of scalding water in ear ; death 13 
 
 Accident. ..." 168 
 
 secondary cause. Broken limb, proximate cause 
 
 of death 245 
 
 defense under Revised Statutes of Ohio 175 
 
TOPICAL, INDEX 299 
 
 Page 
 
 Diseased condition 
 
 Accidental strain ; death 16 
 
 of mouth ; teeth extracted ; infection ; blood poi- 
 soning from infected cotton used. Poison 
 excepted 204 
 
 Diseased 
 
 liver, heart, lungs and appendix. Bruise on left 
 shin 74 
 
 Diving 
 
 into lake; face bruis§d; death by drowning. 
 
 Heart trouble 194 
 
 and by slight turn of body ruptured ear drum, 
 accidentally 250 
 
 Dizziness 
 
 or Bright 's disease. Fell striking fender; in- 
 jured neck and head; concussion of brain; 
 death 44 
 
 Dizzy 
 
 or fainting spells caused fall from window ; fall. 243 
 
 Dog bite 
 infection ; blood poisoning ^^ 
 
 Drowning 
 
 44 
 Epilepsy 
 
 by accidentally falling into cistern while suffer- 
 ing from insane delusion. Insanity 187 
 
 by falling into water. Apoplexy; sudden 
 
 • ..174 
 seizure 
 
 by being knocked down by breakers while swim- 
 ming; aneurism in the aorta and rupture of 
 artery 
 
300 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Drowning — Continued. 
 
 by diving into lake head first and bruising face. 
 Heart trouble 194 
 
 by falling or jumping from steamer while suffer- 
 ing from nephritis 179 
 
 by falling into stream, caused by dizziness or 
 faintness, temporary illness, etc 35 
 
 byialling into stream when seized with epileptic 
 fit 167 
 
 caused death, when seized with cramps while 
 bathing .161 
 
 cause of death. Heart failure ; apoplexy 215 
 
 Duodenitis 
 
 stricture of duodenum, from injury to internal 
 organs by jumping from platform 9 
 
 Duodenum 
 or pancreas ruptured by fall 105 
 
 Ear 
 
 drum ruptured, by slight turn of body when 
 
 diving 250 
 
 scratched ; infection ; erysipelas 237 
 
 injured by scalding water falling into it. Dis- 
 ease, etc 14 
 
 Eating 
 
 decomposed ice cream ; ptomaine poisoning 238 
 
 mushrooms; ptomaine poisoning. Disease; poi- 
 sonous substance 136 
 
 oranges ; gastritis ; death. Not accidental means 227 
 unsound food; ptomaine poisoning; death. Tu- 
 berculosis 191 
 
 unsound oysters; ptomaine poisoning; death. 
 Poison, etc 164 
 
TOPICAL INDEX 301 
 
 Ecchymosis 
 
 of brain covering from injury to head and brain 
 by fall on frozen ground; death. Cerebral 
 hemorrhage 211 
 
 Embalming 
 
 needle puncture in hand; blood poisoning; 
 death. Contact with poisonous substances, 
 etc 166 
 
 Embolus 
 
 from bruised hand passed to base of brain; 
 
 death 132 
 
 or blood clot detached and dislodged by jar of 
 
 slipping when convalescing from operation. . . 250 
 or blood clot from exertion in lifting; loss of 
 
 sight 147 
 
 Embolism 
 
 or thrombus from broken arm ; pain in chest and 
 lungs. Pneumonia 21 
 
 Endocarditis 
 
 heart disease. ' Side, colon and intestines in- 
 jured ; septicaemia ; gangrene ; death 58 
 
 Entero-colitis 
 from ptomaine poisoning. No visible marks, etc. 97 
 
 Epigastric 
 
 artery punctured during surgical operation for 
 hernia ; blood clot in leg ; gangrene ; amputa- 
 tion of leg 234 
 
 Epileptic 
 
 attack ; fall in plunge bath ; head injured ; death 4 
 fit; fall into stream; drowning cause of 'death. . 167 
 
302 READY REFERENCE INSURANCE DIGEST 
 
 Epilepsy 
 Drowning accidental 44 
 
 Erysipelas 
 
 after cut or laceration of finger ; death 183 
 
 after scratching scab off boil on neck; death. 
 
 Not accidental 149 
 
 after infection of scratch or abrasion of ear. . . 237 
 after inflammation of finger cut with steel 
 
 eraser, causing blood poisoning. Disease, etc. 55 
 after inflammation of abrasion on leg injured 
 
 on car 80 
 
 germs through abrasion on foot by wearing new 
 
 shoes. Erysipelas germs through smallpox 
 
 sores 135 
 
 in foot through cut by earthenware pan 167 
 
 in injury to leg by fall on veranda 22 
 
 in injury to leg; inflammation; septicaemia; 
 
 septic pneumonia. Intervening causes 53 
 
 Excitement 
 
 or fright ; nervous shock ; disability 39 
 
 and shock from witnessing fire ; rupture of blood 
 vessel in brain ; apoplexy ; death. Disease 116 
 
 Exercising 
 
 with Indian clubs; ruptured blood vessel in 
 lungs; inflammation and abscess in lungs; 
 death 158 
 
 Exertion 
 
 carrying baggage when in emaciated condition; 
 paralysis of optic nerve or retina; loss of 
 sight 162 
 
 carrying casket ; strain ; dilation of heart ; death 180 
 
TOPICAL INDEX 303 
 
 Exertion — Continued. *^^ 
 
 climbing steps in rarified atmosphere. Climate 
 
 conditions ; not accidental 83 
 
 intentional lifting; embolus or blood clot; loss of 
 
 sight 147 
 
 lifting ; dilation of heart ; death .' 184 
 
 or strain in controlling horse; ruptured blood 
 
 vessel of brain; death. Hardening of arteries 
 
 or arterio sclerosis 82 
 
 restraining run-away horse; fright or strain; 
 
 death 1 
 
 running up hill ; pains in head ; apoplexy ; death 40 
 
 Exposure 
 
 to heat of engine and sun ; sunstroke ; death .... 27 
 
 to heat of furnace ; heat stroke, sunstroke ; death 31 
 
 to humid atmosphere and sun ; sunstroke ; death 25 
 
 Eye 
 
 infected by septic matter coughed into it ; blood 
 poisoning. No abrasion, etc 176 
 
 injured by striking on door hinge ; hemorrhage ; 
 blindness 86 
 
 inflamed with gonorrhea by splash of water 
 infected with gonorrheal germs; loss of sight 96 
 
 Loss of, due to negligent treatment after injury 178 
 
 Paralysis of optic nerve or retina by exertion in 
 carrying baggage when in emaciated condi- 
 tion ; loss of sight 162 
 
 struck with piece of steel ; inflammation spread- 
 ing to other eye causing loss of sight of both 
 eyes 87 
 
 injured by fall from train and cataract; loss of 
 sight 94 
 
 infected with septic matter coughed into it; 
 blood poisoning 176 
 
304 EEADY BEFEEENCE INSUBANCE DIGEST 
 
 Eyes 
 
 inflamed from contact with poison ivy 185 
 
 infected during professional operation; blood 
 
 poisoning ; loss of sight , 194 
 
 injured ; loss of sight. Prior injury cause 199 
 
 Loss of sight of, by rupture of blood vessel in 
 retina from raising hand suddenly while in 
 weakened condition, and strong blood pres- 
 sure 128 
 
 Face 
 
 and head scratched and bruised by fall on loose 
 stones; death. Uraemic poisoning; apoplexy, 
 etc 247 
 
 arm and head injured by fall upon floor ; partial 
 paralysis 113 
 
 bruised, hemorrhage of nose, neck broken by fall 
 on wet bath-room floor; death; Heart, lungs 
 and brain diseased by intoxicants 118 
 
 cut and bruised, and arm broken by fall on stone 
 steps ; hemorrhages ; death 57 
 
 Fainting 
 and dizziness from indigestion or defective heart. 
 
 Fall into stream ; drowning cause of death 35 
 
 or dizzy spells caused fall from window; death. 243 
 
 Faintness 
 
 caused fall down flight of stairs; rupture of 
 aneurism on aorta ; death 10 
 
 Fall 
 
 on loose stones; face and head scratched and 
 bruised ; death. Uraemic poisoning ; apoplexy 
 caused fall ; death. 247 
 
TOPICAL INDEX 305 
 
 Page 
 
 FaU— Continued, 
 against dashboard; abdomen injured; appendi- 
 citis; septic peritonitis; surgical operation; 
 
 death. Prior attacks of disease 5 
 
 and tendency to disease ; death. Disease 249 
 
 while playing rough; back injured; ascending 
 
 paralysis ; death " 100 
 
 bruising side ; fever ; death. Typhoid fever 33 
 
 by slipping on banana peel; injured side and 
 internal organs ; death. Lead poisoning ; lead 
 
 colic ; death 218 
 
 by slipping on platform at freight house; in- 
 jured leg ; septic and pyemic symptoms ; infec- 
 tion 1 
 
 caused by fit of vertigo 207 
 
 by slipping; injured back and neck, preventing 
 
 bending them. Lumbago, crick or lame back 198 
 by slipping while cranking auto ; injured stom- 
 ach and kidneys; death. Cysts on kidneys; 
 
 kidneys diseased 189 
 
 by stumbling; side injured on rail; hemor- 
 rhages ; death. Lungs weak ; disease 43 
 
 from sudden faintness, temporary disorder. Fits 
 
 or vertigo 46 
 
 causing insanity six months later ; suicide 180 
 
 and death due to coronary sclerosis 137 
 
 cause of hernia 122 
 
 cause of hernia 143 
 
 cause of hernia 222 
 
 abrasions and bruises on hip and knees; death. 
 
 Patty degeneration of heart 187 
 
 abrasions on leg ; bacterial infection ; blood poi- 
 soning ; death 67 
 
 bruises on back and misalignment of vertebrae ; 
 death. Consumption 231 
 
306 READY EEFEEENCE INSURANCE DIGEST 
 
 Pa^e 
 
 Fall — Continued. 
 
 contusion of cerebellum; apoplexy. Degenera- 
 tion of cerebrum 37 
 
 dislocating shoulder; condition weakened; 
 
 caught cold ; pneumonia ; death 202 
 
 downstairs; head injured; paralysis; death. 
 
 Hardening of arteries; eerebro hemorrhage; 
 
 death 222 
 
 down stairs; ruptured large aneurism on aorta. 
 
 Faintness cause of fall 7. . 10 
 
 caused by fits or vertigo, temporary disorder, 
 
 etc. Disease 39 
 
 apoplexy and paralysis ; death. Arterio sclerosis 
 
 and Bright 's disease co-operating", cause of 
 
 death 130 
 
 from bicycle ; fractured femur ; heart spasms and 
 
 angina pectoris , 56 
 
 from buggy; injured head; auto-intoxication ; 
 
 death. Prior injury caused auto-intoxication, 
 
 etc 88 
 
 from buggy; injured face and head; cerebral 
 
 hemorrhage; apoplexy; death. Heart disease 
 
 or apoplexy caused fall 195 
 
 from cart; kidney disease accelerated thereby; 
 
 death 21 
 
 from cramped position when sawing wood; 
 
 artery ruptured ; death 117 
 
 from over-exertion; heart ruptured; death. 
 
 Fatty degeneration of heart. 68 
 
 from train, and cataract, caused loss of sight. . . 94 
 from train caused by temporary sickness ; death. 
 
 Disease 55 
 
 from veranda ; leg injured ; erysipelas ; death. . . 22 
 
 from wagon; inflammation of liver; death 107 
 
 from wagon, wheel passed over neck; blow 
 
TOPICAL INDEX 307 
 
 PaU— Continued. ^"^^ 
 
 caused apoplexy; death. Apoplexy caused 
 fall 51 
 
 from window caused by delirium 54 
 
 from window caused by fainting or dizzy spells ; 
 fall caused death 243 
 
 from window. Somnambulism 161 
 
 from window while delirious from typhoid 
 fever ; unconsciousness ; death 110 
 
 iajuring head and shoulder; unconscious; trau- 
 matic pneumonia; cerebral hemorrhage; 
 death. Disease 71 
 
 injured head ; blopd clot on brain ; death. Cere- 
 bral hemorrhage 197 
 
 injured head ; concussion of brain ; death. Heart 
 disease, etc 131 
 
 injured abdomen; hernia; death. Operations 
 previously for appendicitis and hernia, and 
 hernia sac existing 224 
 
 in bathroom ; bruised spine ; death. Spine dis- • 
 eased 223 
 
 in bathroom ; wounded head ; cerebro spinal men- 
 ingitis ; death 127 
 
 in car; back hiul and strain; hemorrhage; 
 death. Typhoid fever 47 
 
 induced peritonitis of liver; death. Prior at- 
 tacks of disease 8 
 
 injured head; death. Fatty degeneration of 
 brain and heart 38 
 
 injured hip and side; inflammation of pericar- 
 dial sac and rupture of heart; blood poison- 
 ing; death ...., 121 
 
 injured hip, stomach and side; peritoneum in- 
 
 ' f ected ; peritonitis ; death 112 
 
 injured side; operation for appendicitis; peri- 
 tonitis; death. Peritonitis caused by disease. 124 
 
308 READY REFERENCE INSURANCE DIGEST 
 
 Fall — Continued. 
 
 injured spinal column and temple; blood clot; 
 pneumonia ; paralysis ; death 140 
 
 injuring stomach; hemorrhage from peritoneal 
 cavity; death. Hemorrhage from cancer 126 
 
 in plunge bath; abrasion and bruises on head; 
 death. Epileptic attack caused fall; injuries 
 from fall insufficient to cause death 4 
 
 in street ; abrasions and bruises on hip and knee ; 
 aggravated pre-existing disease ; death 169 
 
 in street ear ; injured arm ; ruptured blood vessel 
 in brain ; death. Apoplexy 103 
 
 into cistern while suffering insane delusion; 
 drowning cause of death. Insanity 187 
 
 into excavation weakened system ; pneumonia ; 
 death 202 
 
 into pit; injuries; pneumonia; death. Used 
 intoxicants, etc 243 
 
 into stream when seized with epileptic fit; 
 drowning cause of death 167 
 
 into stream; drowning; death. Dizziness and 
 faintness, temporary illness, etc 35 
 
 into water; drowning cause of death. Apo- 
 plexy ; sudden seizure 174 
 
 inferred by bruise. No inference of accident; 
 arterio sclerosis ; cerebral hemorrhage 239 
 
 of barrel of beer on insured; sickness; death. 
 Pneumonia caused congestion of lungs and 
 death 228 
 
 on floor; hemorrhage from ear and nose, frac- 
 ture at base of skull; death. Apoplexy 108 
 
 on :fl9or ; injured arm, face and head ; paralysis. 
 Disease 113 
 
 on floor while ill; injured head, neck, shoulder 
 and arm ; death. Injuries not sufficient to 
 cause death 99-100 
 
TOPICAL INDEX 309 
 
 Fall— Continued. ^^^^ 
 
 on frozen ground; injured head and brain; 
 eeehymosis of brain covering; death. Cere- 
 bral hemorrhage 211 
 
 on ice while skating; injured wrist and head; 
 blood clot on brain ; apoplexy ; death. Degene- 
 ration of nerve and brain cells 210 
 
 on icy sidewalk; injured right side; appendi- 
 citis ; peritonitis 20 
 
 on, icy steps ; apoplexy or paralysis ; death 143 
 
 on icy walk ; injured ankle and fractured fibula ; 
 shock; encephalo; lung congestion; death. 
 Bncephalo meningitis ; arterio sclerosis 73 
 
 on polished floor, hitting head on fender; con- 
 cussion of brain ; death. Dizziness or Bright 's 
 disease 44 
 
 on sidewalk; shock; eerebro hemorrhage. 
 Tumor on brain 15 
 
 on sidewalk. Conflicting proof as to disease and 
 accident 208 
 
 on sidewalk ; death. Kidney disease 119 
 
 on slippery pavement and disease caused rup- 
 ture of heart . ■ 46 
 
 on staircase ; injuries ; death. Cirrhosis of liver. 229 
 
 on railroad tracks when seized with fit and 
 killed by train 165 
 
 on station platform by foot giving away ; injured 
 by train 65 
 
 on stone steps; arm broken and face cut and 
 bruised ; hemorrhages ; death 57 
 
 on wet floor; face bruised, hemorrhage of nose, 
 neck broken; death. Heart, lungs and brain 
 diseased by intoxicants 118 
 
 on wet ground; shock and wetting lowered 
 vitality ; pneumonia 84 
 
310 READY BE FEBEKCE INSURANCE DIGEST 
 
 Page 
 
 Fall — Continued. 
 
 (or jump) overboard while suffering from ne- 
 phritis ; drowning not accidental 179 
 
 of timber on insured caused hernia 228 
 
 or blow; artery ruptured; apoplexy or paraly- 
 sis; death. Weak and diseased arteries 59 
 
 caused rupture; surgical operation; death. 
 Predisposition to rupture 133 
 
 ruptured kidney. Cancerous kidney 15 
 
 shock caused weakening of heart and deficient 
 circulation. 48 
 
 striking body on stone; ruptured heart; death. 
 Hardening of arteries, arterio sclerosis 114 
 
 striking breast against heavy iron; pneumonia; 
 death 149 
 
 striking breast; hemorrhage into aorta; angina 
 pectoris; death. Heart enlarged and arteries 
 diseased, etc 138 
 
 striking chest on post; pulmonary hemorrhage; 
 death. . 112 
 
 striking head; ruptured blood vessel; cerebral 
 hemorrhage ; partial paralysis. Cerebral hem- 
 orrhage excepted 156 
 
 and struck handle on wagon seat ; ruptured the 
 duodenum or pancreas ; death 105 
 
 and struck waterspout; injured face and head; 
 death. Heart diseased 41 
 
 in boarding train; injured abdomen; death. 
 Liver diseased 216 
 
 while extinguishing fire ; injured leg ; leg ampu- 
 tated. Prior injury and lameness 96 
 
 Falling 
 
 of scalding water into ear caused death. Dis- 
 ease and low vitality ; passive allies 13 
 
 Fatty degeneration of heart 
 
 and brain ; fall ; head injured ; death 38 
 
TOPICAL INDEX 311 
 
 Page 
 Fall — Continued. 
 
 and malignant growth of spleen from injury to 
 
 side ; death 207 
 
 not accident 126 
 
 Over-exertion ; fall ; heart ruptured 68 
 
 Pall ; injured hip and knees ; death 187 
 
 Feet 
 
 burned in hot air bath; gangrene; toes ampu- 
 tated ; leg amputated. Diabetes 69 
 
 Felon 
 
 on finger from bruise by handling heavy material 191 
 
 Fever 
 
 from bruise on side by falling. Typhoid fever. . 33 
 and hernia. Head injured by falling plaster; 
 disability 12 
 
 Finger 
 
 bruised while handling heavy material; felon. . . 191 
 
 cut on wire spring; infection; septicaemia or 
 blood poisoning ; death. 247 
 
 cut or lacerated accidentally ; death 183 
 
 cut or scratched; infection; blood poisoning; 
 death '^^ 
 
 cut with broken bottle; infection; septicaemia 
 or blood poisoning ; death 161 
 
 cut with broken bottle; infection; blood poison- 
 ing ; death 
 
 cut with steel eraser; inflammation; erysipelas; 
 blood poisoning ; death • 
 
 injured and infected with virus from injured 
 thumb ; blood poisoning; death • 34 
 
 mashed ; blood poisoning; diabetes; death ^4U 
 
312 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Fingers 
 
 poisoned by dipping in solution, etc. 248 
 
 Fishbone 
 
 swallowed, lodged in rectum; blood poisoning; 
 death 167 
 
 Fistulous 
 
 tract and abscess on hip from injury to hip on 
 train. Not tubercular origin 113 
 
 Fit 
 
 fall into stream ; drowning ; death 167 
 
 fall on railroad; killed by train, accidental 165 
 
 of vertigo caused fall 207 
 
 or vertigo. Sudden faintness; fall; temporary 
 
 disorder 46 
 
 or vertigo, temporary disorder; fall. Disease, 
 
 etc 38 
 
 Foot 
 
 cut on earthenware pan; erysipelas ; death 1.67 
 
 cut while trimming corn ; blood poisoning ; death 165 
 gave away suddenly; fell on station platform; 
 
 injured by train. Disease 65 
 
 injured by shooting ; tetanus or lockjaw ; suffer- 
 ing from pain of injury cut throat. Suicide . . 159 
 injured by wearing new shoe ; erysipelas through 
 abrasion. Erysipelas germs through smallpox 
 
 sores 135 
 
 injured at work in railroad yards, recovered, ill 
 on day resumed work and died next day. 
 Sickness and injury 18 
 
 Fractured 
 
 skull by falling on floor; hemorrhages; death. 
 Apoplexy 108 
 
TOPICAL INDEX 313 
 
 Page 
 
 Fractured — Continued. 
 
 skull caused shock and unconsciousness. Skull 
 
 trepanned prior to accident, etc 146 
 
 fibula and injured ankle by fall on icy walk; 
 
 shock; encephalo; lung congestion; death. 
 
 Arterio sclerosis, etc 73 
 
 tibia when leg was struck vnth hard substance. 
 
 Disease 209 
 
 Fright 
 
 and excitement caused nervous shock 39 
 
 and strain caused by exertion in restraining 
 horse 1 
 
 Freezing 
 
 not accidental 127 
 
 Gangrene 
 
 from feet being burned in hot air bath; toes 
 amputated; leg amputated. Diabetes 69 
 
 and septicaemia, from injury to side, colon, 
 intestines 58 
 
 in injured toe, spread to foot and leg ; leg ampu- 
 tated ; death. Diabetes concurring 115 
 
 from blood clot by puncture of epigastric artery 
 with needle during operation for hernia; leg 
 amputated 234 
 
 of diabetic type; rubbed toe with towel; abra- 
 sion ; infection 240 
 
 (senile) and leg amputated; death, from cutting 
 toe whUe trimming corn. Disease and no 
 proof of accident 205 
 
 Gas escaped 
 
 asphyxiation, accidental 235 
 
 poisoning by carbon monoxide from incomplete 
 
314 EEADY EEFEEENCE INSURANCE DIGEST 
 
 Page 
 
 Gas escaped — Continued. 
 
 combustion of garbage in incinerator. Myo- 
 carditis , 104 
 
 Gash 
 
 on lip, by shaving; infection which spread to 
 face and neck 120 
 
 Gastritis 
 from eating oranges ; death. Not accidental 227 
 
 Germs 
 
 drawn in middle ear in using nasal douche; 
 spinal meningitis 116 
 
 in system by use of dental insframents; infec- 
 tion; blood poisoning ; death 230 
 
 of pyorrhea; septic poisoning; death 136 
 
 of gonorrhea in water splashed into eye ; gonor- 
 rhea ; inflammation of eye ; loss of sight 96 
 
 on cotton used in treatment of artery ruptured ; 
 blood poisoniijig ; death. Poison 204 
 
 Glanders 
 
 an infectious disease, contracted while cleaning 
 - stables 87 
 
 Gonorrhea '> 
 
 causing loss of sight, from splash of water in- 
 fected with gonorrheal germs into eyes 96 
 
 Groin 
 
 injured by running against door knob ; hernia. . 4 
 strained by slipping; rupture; ulcers or ab- 
 scesses. Cancer 129 
 
 Gum 
 injured in extracting teeth ; entry for bacteria ; 
 blood poisoning 234 
 
TOPICAL. INDEX 315 
 
 Page 
 
 Hand 
 
 bruised; embolus from injury to brain; death. . 132 
 
 cut on teeth of another; blood poisoning; arm 
 amputated ; death 64 
 
 infected from contact with poison ivy; death. 
 Poison ; disease 177 
 
 injured; also side causing malignant growth of 
 spleen and fatty degeneration of heart 207 
 
 injured by pressure ; inflammation of periosteum 
 of metacarpal bones ; operation ; disability. ... 65 
 
 punctured with ejnbalming needle ; blood poison- 
 ing ; death. Contact with poison, etc 166 
 
 scratched ; blood poisoning ; arm amputated 67 
 
 Handling 
 
 heavy material ; bruised finger ; felon 191 
 
 infected rags ; kidney disease 156 
 
 Hanging 
 
 when insane ; self-destruction. Bodily infirmi- 
 ties, etc 173 
 
 Hardening of arteries 
 
 Exertion or strain in controlling horse; rup- 
 tured blood vessel in brain 82 
 
 Fall; struck body near heart; ruptured heart; 
 death 114 
 
 causing cerebro hemorrhage. Fall down stairs ; 
 head injured ; paralysis ; death 222 
 
 Hard substance swallowed 
 
 intestinal canal perforated; death. Intestinal 
 tissues weakened by sickness 175 
 
316 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Head 
 
 and brain injured by fall on frozen ground; 
 ecchymosis of brain covering; death. Cere- 
 bral hemorrhage . , 211 
 
 and face injured by fall from buggy; cerebral 
 hemorrhage; apoplexy; death. Heart disease 
 and apoplexy cause of fall 195 
 
 and neck bruised by fall on polished floor ; con- 
 cussion of brain; death. Dizziness; Bright 's 
 disease 44 
 
 and shoulder injured by fall; unconscious; 
 traumatic pneumonia ; cerebral hemorrhage ; 
 death 71 
 
 face and arm injured by fall on floor ; paralysis. 
 Disease 113 
 
 face and brain injured by fall on water spout; 
 death. Heart disease 41 
 
 injured by fall in ear; semi-consciousness; 
 blood clot on brain; death. Cerebral hemor- 
 rhage ; no accident 197' 
 
 injured by fall from auto to pavement; also 
 stomach injured; concussion of brain; appen- 
 dicitis. Heart Hisease concurring 16 
 
 injured by blow ; two abrasions ; death. Heart 
 disease 50 
 
 injured by blow on temple ; hemorrhage ; insan- 
 ity ; death 77 
 
 injured by fall; concussion of brain; death. 
 Heart disease 131 
 
 injured by fall down stairs; paralysis; death. 
 Hardening of arteries ; cerebro hemorrhage . . . 222 
 
 injured by fall; death. Patty degeneration of 
 heart and brain 38 
 
 injured by fall from buggy; auto-intoxication; 
 death. Prior injury, etc 88 
 
TOPICAL. INDEX 317 
 
 Page 
 Head — Continued. 
 
 injured by fall in bathroom ; abrasions ; cerebro- 
 spinal meningitis; death. Meningitis, dis- 
 ease 127 
 
 injured by falling plaster; disability. Fever 
 and hernia 12 
 
 injured by fall in plunge bath. Epileptic fits; 
 injury not sufficient to cause death 4 
 
 injured by fall on ice; blood clot on brain; 
 apoplexy; death. Degeneration of nerve and 
 brain cells 210 
 
 injured by fall ; ruptuted blood vessel ; cerebral 
 hemorrhage ; partial paralysis 156 
 
 neck, shoulder and arm injured by fall on floor 
 
 when ill; death 99-100 
 
 ,• pained after running up hill; apoplexy; death. 
 
 Predisposition to apoplexy, etc 40 
 
 rubbed with towel; abrasions; infection; blood 
 poisoning ; death 230 
 
 Heart 
 
 defective ; dizziness, etc. Fall in stream ; drown- 
 ing ^^ 
 
 and brain, Fatty degeneration of. Fall; head 
 injured ; death •' • • ■ 38 
 
 arteries, etc., diseased. Fall; hemorrhage into 
 aorta ; angina pectoris ; death 138 
 
 Dilation of, from chloroform given for surgical 
 operation "2 
 
 Dilation of, from exertion in lifting 184 
 
 Dilation of, from shock in taking cold plunge 
 bath; death 123 
 
 Dilation of, by strain or over-exertion in carry- 
 ing casket down stairs ; death. No accident . . 180 
 
 Dilation of, and arterio sclerosis from syphilis. 
 Blow on chest ; aneurism of aorta ; death 141 
 
318 READY EEFEEENCB INSURANCE DIGEST 
 
 Page 
 
 Heart — Continued. 
 
 Dilation of, by strain from physical exertion; 
 death. Heart weak, etc 61 
 
 disease. Dilation of heart by chloroform given 
 for surgical operation 92 
 
 disease. Blow on head; abrasions; unconscious- 
 ness ; death 50 
 
 disease. Fall; head injured; concussion of 
 brain ; death 131 
 
 disease. Pall; struck head on water spout; 
 face and brain injured 41 
 
 disease. Thrown to pavement by auto; head 
 and stomach injured ; concussion of brain and 
 appendicitis ; death 16 
 
 disease or apoplexy cause of fall. Fall from 
 buggy; face and head injured; cerebral hem- 
 orrhage ; apoplexy ; death 195 
 
 disease or endocarditis. Side, colon and intes- 
 tines injured ; septicaemia ; gangrene ; Heath . . 58 
 
 Fatty degeneration of. Over-exertion ; fall ; rup- 
 tured heart 68 
 
 Fatty degeneration of. Not accident 126 
 
 Fatty degeneration of. Fall; injured hip and 
 knees ; death 187 
 
 Fatty degeneration of, and brain; fall; head 
 injured ; death 38 
 
 Patty degeneration of, and malignant growth of 
 spleen from injury to side ; death 207 
 
 failure or apoplexy. Drowning 215 
 
 lungs and brain diseased by intoxicants. Fall 
 on wet floor; face bruised, neck broken, 
 hemorrhage from nose ; death 118 
 
 ruptured by fall from over-exertion. Heart 
 diseased 68 
 
 ruptured by fall on slippery pavement and dis- 
 ease cause of death 46 
 
TOPICAL INDEX 319 
 
 Page 
 
 Heart — Continued. 
 
 ruptured by fall and striking body on stone. 
 Hardening of arteries 114 
 
 ruptured by strain in lifting cotton bales ; death 144 
 
 ruptured; pericardial sac inflamed; blood poi- 
 soning ; death, result of fall 121 
 
 spasms and angina pectoris; fracture of right 
 femur by fall from bicycle 56 
 
 strained by physical exertion ; dilation of heart ; 
 death. Heart weak and unhealthy 61 
 
 trouble. Diving into stream head first; face 
 bruised; drowning cause of death 194 
 
 weak and unhealthy. Strained heart by physical 
 exertion ; dilation of heart ; death 61 
 
 Heat 
 
 prostration or sunstroke. Disease 24 
 
 stroke and sunstroke are synonomous terms ... 31 
 stroke from exposure to heat of furnace; sun- 
 stroke ^1 
 
 Hemorrhage 
 from blow on temple ; raving maniac ; insanity ; 
 
 death '^'^ 
 
 due to rupture of artery in reaching to close 
 
 shutter ■ ^2 
 
 due to rupture of cancerous tumor on liver, by 
 
 strain • 233 
 
 and arm broken, face cut and bruised by fall on 
 
 stone steps ^' 
 
 from ear and nose and fracture of skull by fall 
 
 on floor. Apoplexy • • 108 
 
 from peritoneal cavity due to injury of stomach 
 
 from fall. Hemorrhage from cancerous 
 
 region; disease 1^6 
 
 into aorta ; angina pectoris ; death, due to fall. . . 138 
 
320 READY EEFEBENCE INSURANCE DIGEST 
 
 Page 
 
 Hemorrhage — Continued. 
 
 of eye from striking eye on hinge; blindness; 
 loss of sight 86 
 
 Hernia 
 
 accident 215 
 
 accident. 226 
 
 accidental fall of timber on insured 228 
 
 accident. Hernia protrusion previously 140 
 
 accident ; operation to relieve ; death 245 
 
 accident ; operation ; peritonitis ; death 24 
 
 and operations after appendicitis operation; 
 fall ; hernia and peritonitis. Hernia sac exist- 
 ing before fall 224 
 
 caused by fall. 122 
 
 caused by fall 148 
 
 caused by fall 222 
 
 caused by injury. No disability 193 
 
 caused by injury to groin by running against 
 
 door knob 4 
 
 caused by lifting • H'^ 
 
 caused by strain in lifting truck 160 
 
 caused by strain of abdomen in swinging sledge 
 
 hammer 1^^ 
 
 classed as disease in policy 171 
 
 enlarged suddenly. No proof of injury 219 
 
 operation; epigastric artery punctured; blood 
 
 clot ; gangrene ; leg amputated ^ 234 
 
 sac existing before fall. Fall ; hernia ; periton- 
 itis .•• 224 
 
 with fever not contributing cause. Head in- 
 jured by falling plaster cause of disability. . . 12 
 
 Hidden 
 
 disease of heart; chloroform given for surgical 
 operation ; dilation of heart 92 
 
TOPICAL, INDEX 321 
 
 Page 
 
 Hip 
 
 and knees injured and bruised by fall; death. 
 
 Patty degeneration of heart 187 
 
 and knee bruised, leg injured by fall in street ; 
 
 death. Disease 169 
 
 injured on train; abscess on hip; fistulous 
 
 tract. Tubercular abscess 113 
 
 bruised; stomach and side injured; aperture in 
 
 colon ; infection ; peritonitis ; death 112 
 
 Hit 
 
 by subway door; injury; death. Arterio sclero- 
 sis ; cerebral hemorrhage 221 
 
 by train and injured in fall by foot giving way. 65 
 
 Hypodermic needle 
 
 puncture of arm; infection; septic poisoning; 
 
 blood poisoning ; death 226 
 
 used to inject morphia in leg ; leg injured ; blood 
 
 poisoning ; death 182 
 
 Ice cream 
 
 (decomposed) eaten; ptomaine poisoning; death 238 
 
 ni 
 
 fell to floor; injured head, neck, shoulder and 
 
 arm • ^^ 
 
 health; fall; apoplexy or paralysis; death. 
 
 Disease ^^^ 
 
 Infected 
 
 by germs of pyorrhea in saliva coughed into 
 
 face ; septic poisoning ; death 136 
 
 rags handled ; infection ; kidney disease 156 
 
322 READY EEFBEENCE INSURANCE DIGEST 
 
 Page 
 
 Infection 
 
 accidental injury. Inflammation; pus germs; 
 pus 80 
 
 in finger cut on wire spring; septicaemia or 
 blood poisoning ; death 247 
 
 in abrasion on leg caused by fall; inflamma- 
 tion ; blood poisoning ; death 67 
 
 in wound on thumb from dog bite ; blood poison- 
 ing ; death 76 
 
 during professional operation; blood poisoning; 
 loss of sight 194 
 
 by germs in cotton used on artery ruptured in 
 dental treatment ; blood poisoning 204 
 
 in abrasion of skin ; blood poisoning ; death 178 
 
 in cut or scratch on finger; blood poisoning; 
 death 78 
 
 in abrasion or scratch on ear; erysipelas 237 
 
 in abrasion on head by rubbing with infected 
 towel ; blood poisoning. 230 
 
 in abrasion on leg ; blood poisoning 79 
 
 in abrasion on leg by striking against truck; 
 blood poisoning or septicaemia 3 
 
 in wound ; blood poisoning ; death 246 
 
 of carbuncle caused by bruise ; death 219 
 
 of cut on lip in shaving, spreading to face and 
 neck ; death 120 
 
 of eye by septic matter coughed into it; blood 
 poisoning. No abrasion or wound 176 
 
 of eye by contact with poison ivy causing inflam- 
 mation. Contact with poison, etc 185 
 
 of hand from poison ivy ; death. Poison ; dis- 
 ease 177 
 
 of injury by jabbing tweezers into skin in 
 removing ingrowing hairs from chin 148 
 
 of lip after pricking pimple with pin; inflam- 
 mation of brain ; death 153-155 
 
TOPICAL INDEX 323 
 
 Page 
 
 Infection — Continued. 
 
 of peritoneum ; peritonitis, result of fall injuring 
 stomach, side and colon 112 
 
 of wound; blood poisoning; death. Blood poi- 
 soning through bed sores 199 
 
 in injury on leg by falling; septic or pyemic 
 symptoms 1 
 
 or septic poisoning of hypodermic needle 
 wound in arm ; blood poisoning ; death 226 
 
 in mashed finger; blood poisoning; diabetes 240 
 
 in abrasion on toe by wearing new shoe; blood 
 poisoning .* 163 
 
 by virulent germs on dental instruments; blood 
 poisoning 230 
 
 of leg injured with hypodermic needle while 
 injecting morphia ; blood poisoning ; death . . . 182 
 
 in hand punctured with embalming needle; 
 blood poisoning 166 
 
 by sting of insect ; blood poisoning ; death 42 
 
 of injured finger by virus from injured thumb ; 
 blood poisoning ; death 34 
 
 of abrasion in skin ; blood poisoning ; death 192 
 
 in injury to gum ; blood poisoning ; death 234 
 
 of finger cut with steel eraser; inflammation; 
 erysipelas ; blood poisoning 55 
 
 of finger cut with broken bottle ; blood poison- 
 ing ;•• 146 
 
 of foot cut while trimming corn ; blood poison- 
 ing 165 
 
 of scratch on hand ; blood poisoning ; arm ampu- 
 tated. ' 6'^ 
 
 of abrasion on limb by bath-brush; blood poi- 
 
 171 
 soning / 
 
 in cut on hand by teeth of another ; blood poi- 
 soning; arm amputated; death 64 
 
324 READY REFBRBlirCE INSURANCE DIGEST 
 
 Page 
 
 Infection — Continued. 
 
 through accidental injury to leg; blood poison- 
 soning or septicaemia. Disease contributory. . 172 
 
 of finger cut on broken bottle; blood poisoning 
 or septicaemia. Contact with poisonous sub- 
 stance 161 
 
 by erysipelas germs in abrasion on foot from 
 wearing new shoes. Erysipelas germs in 
 small-pox sores 135 
 
 of leg injured on ear ; inflammation ; erysipelas ; 
 death 80 
 
 in abrasion of toe by rubbing ; gangrene ; death. 
 Diabetic gangrene 240 
 
 Infectious 
 
 . disease, glanders, contracted through abrasion 
 on cheek while cleaning stables ; death 87 
 
 Inference 
 
 of fall from bruise, and that fall was accidental. 
 Not proper ; no direct proof 239 
 
 of wrench, strain or shock from lifting; paraly- 
 sis. Prior stroke of paralysis 232 
 
 Inflammation 
 
 in abrasion on leg caused by fall; bacterial 
 
 infection ; blood poisoning ,. 67 
 
 in abrasion on leg injured by car ; erysipelas ... 80 
 of appendix by bicycle riding ; septic peritonitis 7 
 of brain after pricking pimple on lip with pin ; 
 
 infection ; death 154 
 
 of eye by splash of infected water; gonorrhea; 
 
 loss of sight 96 
 
 of eye injured; inflammation spread to other 
 
 eye ; loss of sight of both eyes 87 
 
 of eyes from contact with poison ivy. Poison, 
 
 etc 185 
 
TOPICAL INDEX 325 
 
 Page 
 
 Inflammation — Continued. 
 
 of intestines due to strain in lifting; death 170 
 
 of kidneys, from injury to kidneys by blows; 
 
 death 155 
 
 of liver by fall from wagon 107 
 
 of pericardial sac, etc., from injuries from fall. 
 
 Blood poisoning 121 
 
 of periosteum of metacarpal bones of hand from 
 
 pressure on hand while sleeping 65 
 
 Ingtiinal hernia 
 
 caused hy fall of timBer on insured 228 
 
 Ingrowing hairs 
 
 in chin. In removing, skin jabbed with tweez- 
 ers ; infection 148 
 
 Inhalation 
 
 of bug ; abscess in lungs ; pneumonia. No proof 
 of 213 
 
 of nasal douche drawing germs in middle ear; 
 spinal meningitis ; death. Meningitis 116 
 
 of gas ; asphyxiation, accidental 235 
 
 of carbon monoxide from incomplete combustion 
 of garbage in incinerator. Myocarditis 104 
 
 Injured 
 
 by accident; blood poisoning or septicaemia; 
 
 death ■ • • • • 14''' 
 
 by operating lawn mower; traumatic neuritis. . 75 
 by fall into pit ; pneumonia ; death. Intoxicants 
 
 used ;• 243 
 
 when assaulted with sticks; death. Typhoid 
 
 fever 214 
 
326- READY EEPEREIirCE INSURANCE DIGEST 
 
 Page 
 Injury 
 
 blood poisoning ; death. Blood poisoning 215 
 
 by being hit with pole, or strain in avoiding it. . 181 
 
 hernia. Not disabled 193 
 
 loss of sight. Injury prior to policy caused loss 
 
 of sight 199 
 
 traumatic diabetes ; death ; 193 
 
 Insane 
 
 impulse; suicide. Infirmity; permanent in- 
 sanity 105 
 
 suicide by hanging; self-destruction. Bodily 
 infirmities 173 
 
 Insanity 
 
 and suicide six weeks after fall. Cause and 
 effect too remote 180 
 
 and suicide while insane. Bodily infirmity or 
 disease 244 
 
 from blow on temple ; hemorrhage ; death 77 
 
 permanent is infirmity. Sudden insane impulse ; 
 suicide 105 
 
 or insane delusion ; fall into cistern ; drowning . . 181 
 
 Insect bite 
 
 venomous poison. Poison 181 
 
 or sting; blood poisoning; death 42 
 
 Internal injuries 
 
 and strain by accident cause of death 209 
 
 by slipping on banana peel and falling; death. 
 
 Lead poisoning inducing lead colic 218 
 
 causing stricture of duodenum, duodenitis, 
 
 from jumping from platform 9 
 
TOPICAL INDEX 327 
 
 Page 
 
 Intestinal 
 
 canal perforated or wounded by hard substance 
 swallowed. Tissues weakened by sickness. . . 175 
 
 Intestines 
 
 inflamed by strain of lifting. Presumption of 
 accident l"^" 
 
 injured by strain in pulling pump from pipe 
 hole. No accident 220 
 
 Intoxicants 
 
 used; heart, lungs and brain diseased. Pall on 
 wet floor; face bruised, neck broken, hemor- 
 rhage of nose • • 11° 
 
 used ; unable to withstand disease. Fell into pit ; 
 
 injured ; pneumonia ; death 243 
 
 Intoxication 
 
 delirium tremens; morphine for relief; death.. 203 
 
 Intussusception 
 
 due to jolt causing bowels to slip and become 
 obstructed ^^^ 
 
 Jabbed 
 
 tweezers into skin while removing ingrowing 
 
 ■ 1 48 
 
 hairs ; infection 
 
 Jar 
 
 from slipping detached and dislodged embolus 
 or blood clot 
 
 Jolt 
 in stepping from sidewalk; bowels slipped and 
 became obstructed; intussusception; death... 180 
 
328 READY REFEKENCE INSURANCE DIGEST 
 
 Jumped 
 
 from platform; internal organs injured; stric- 
 ture of duodenum, duodenitis; death 9 
 
 from car ; rupture 159 
 
 or fell from window while delirious from 
 typhoid fever 110 
 
 (or fell) overboard while suffering from ne- 
 phritis ; drowning. Not accidental 179 
 
 Kidney 
 
 and stomach injured by fall; kidney removed; 
 
 cysts on kidney. Kidney diseased 189 
 
 disease accelerated by fall from cart 21 
 
 disease and accident 243 
 
 diseased from handling infected rags . . . ■. 150 
 
 ruptured by fall. Cancerous kidney 15 
 
 Kidneys 
 
 and back injured when thrown against side of 
 
 ear ; Bright's disease ; death 185 
 
 diseased. Fall on sidewalk ; death 119 
 
 injured by blows; nephritis or inflammation of 
 kidneys ; death 155 
 
 Knee 
 
 injured by stooping, dislocating cartilage 203 
 
 injured ; swelling ; effusion of water and serum ; 
 blood poisoning; death. Bright's disease 109 
 
 Knocked 
 
 down by breakers while swimming; death by 
 drowning ., 201 
 
 Lead 
 
 colic induced by lead poisoning. Slipped on 
 banana peel, fell; injured side; internal in- 
 juries ; death 218 
 
TOPICAL, INDEX 329 
 
 Page 
 
 Leg amputated 
 
 for gangrene caused by feet being burned in 
 hot air bath. Diabetes 69 
 
 for gangrene from blood clot due to puncture of 
 epigastric artery with needle during surgical 
 operation for hernia 234 
 
 for injuries by fall while extinguishing fire .... 96 
 
 for senile gangrene from cutting toe while trim- 
 ming nail; death. Disease; no proof of acci- 
 dent 205 
 
 Leg broken 
 
 in three places; chloroform given to set leg; 
 death. Arterio sclerosis 98 
 
 Leg bruised 
 
 death. Liver, heart, lungs and appendix dis- 
 eased ; no marks of violence 74 
 
 Leg fractured 
 
 by fall from bicycle ; heart spasms ; angina pec- 
 toris • • ^^ 
 
 by fall on icy walk; shock, etc. ; death. Arterio 
 sclerosis ''' 
 
 Leg injured 
 
 abrasion ; infection ; blood poisoning 79 
 
 abrasions and bruises of hip and knee, from 
 
 fall 169 
 
 by fall ; abrasion ; blood poisoning through bac- 
 terial "infection " ' 
 
 by fall from veranda; erysipelas; death 22 
 
 by fall on platform ; septic or pyemic symptoms 1 
 by fall while extinguishing fire ; amputation of 
 
 leg. Prior injury and lameness 96 
 
 by striking against truck; abrasion; infection; 
 
 blood poisoning or septicaemia 3 
 
330 BEADY REFERENCE INSURANCE DIGEST 
 
 Page 
 Leg injured — Continued. . 
 
 by thumb nail; inflammation; erysipelas; septi- 
 caemia ; septic pneumonia. Intervening causes 53 
 
 septicaemia; blood poisoning; death 172 
 
 on car; abrasion; inflammation; erysipelas; 
 death 80 
 
 in using hypodermic needle to inject morphia; 
 blood poisoning 182 
 
 Leg struck 
 with hard substance fracturing fibia. Disease 
 or weakness of bone 209 
 
 Lesions 
 
 of blood vessels in lungs caused by strain in 
 lifting 200 
 
 Lifting 
 
 and arterio sclerosis caused rupture of blood 
 
 vessel 157 
 
 and exertion cause of dilation of heart 184 
 
 a truck caused strain and hernia 160 
 
 caused hernia 117 
 
 caused strain ; inflammation Of intestines ; death 170 
 cotton bales caused rupture of heart and death. 144 
 heavy cylinder, wrenched body ; ruptured blood 
 
 vessel in stomach ; death 150 
 
 heavy substance ; injured stomach and lungs and 
 
 ruptured blood vessels; death 183 
 
 mail bags; strain and ruptured blood vessels in 
 
 lungs 200 
 
 or intentional exertion; blood clot or embolus; 
 
 loss of sight 147 
 
 Limb broken 
 black and discolored; discoloration extended to 
 body ; death. Injury proximate cause ; dis- 
 ease secondary 245 
 
TOPICAL, INDEX 331 
 
 Page 
 
 Limb injured 
 
 by abrasion by use of bath brush ; blood poison- 
 ing ; death 171 
 
 Lip 
 
 cut while shaving; gash infected; infection 
 spread to face and neck ; death 120 
 
 infected by putrid animal matter, bacillus an- 
 thrax, and causing malignant pustule 23 
 
 infected on pricking pimple with pin; inflam- 
 mation of brain ; death 153-155 
 
 Liver 
 
 disease by malignant growth, and abdomen in- 
 jured by fall from train ; death 216 
 
 heart, lungs, kidneys and appendix diseased. 
 Shin bruised '74 
 
 injured by fall from wagon; inflammation of 
 liver ., 107 
 
 Peritonitis of, induced by fall. Prior attacks of 
 disease ° 
 
 ruptured, by strain and cancerous tumor; hem- 
 orrhage ; death 233 
 
 Lockjaw 
 
 or tetanus from injury to foot; pain thereof 
 caused insured to cut his throat. Suicide 157 
 
 Loss of eye 
 
 from hemorrhage caused by striking eye on door 
 
 hinge "" 
 
 result of negligent treatment of injury to eye. . . 178 
 
 Loss of sight 
 
 by blood poisoning from infection during profes- 
 sional operation 194 
 
 by blood rupture in retina by raising hand sud- 
 
332 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Loss of sight — Continued. 
 
 denly while in weakened condition, and strong 
 
 blood pressure 128 
 
 by embolus or blood clot, from exertion.. 147 
 
 by fall from train and cataract 94 
 
 by inflammation due to splash of water infected 
 
 with gonorrheal germs, into eye 96 
 
 caused by injury. Prior injury caused loss 191 
 
 from over-exertion while in emaciated condition 
 
 causing paralysis of optic nerve or retina .... 162 
 of both eyes, by inflammation of injured eye 
 
 spreading to both eyes 87 
 
 Low vitality 
 
 and disease passive allies. Death caused by fall- 
 ing of scalding water into ear 13 
 
 Lumbago 
 
 crick or lame back. Shoulder and neck hurt by 
 fall 198 
 
 Lung 
 
 congestion and death from fall on icy sidewalk 
 and shock, etc. Encephalo meningitis ; arterio 
 sclerosis 73 
 
 Lungs 
 
 and stomach injured by lifting; strain; blood 
 vessel ruptured 183 
 
 injured by exercising with Indian clubs; rup- 
 ture ; abscess 158 
 
 injured by strain in lifting mail bag; lesion of 
 blood vessel 200 
 
 weak. Side injured in stumbling and falling 
 against rails ; hemorrhage ; death 43 
 
TOPICAL INDEX 333 
 
 __ ,. Page 
 
 Malignant growth 
 
 of spleen and fatty degeneration of heart. Hand 
 and side injured ; death 207 
 
 on liver and injury to abdomen by fall from 
 train 216 
 
 Malignant pustule 
 
 on lip from putrid animal matter containing 
 bacillus anthrax 23 
 
 Mashed finger 
 
 blood poisoning ; diabetes. Disease 240 
 
 Meningitis 
 
 or cerebro meningitis and death, from wound on 
 head from fall in bath-room 127 
 
 Morphia 
 
 injected; leg injured with hypodermic needle; 
 blood poison 182 
 
 Morphine 
 
 for delirium tremens, and intoxication ; death. . . 203 
 or Bright 's disease. Automobile accident cause 
 of death 237 
 
 Mushrooms eaten 
 ptomaine poisoning ; death 136 
 
 Myocarditis 
 
 Death by carbon monoxide poisoning by incom- 
 plete combustion of garbage in incinerator. . . 104 
 
 Neck 
 
 and head injured by fall on polished floor ; con- 
 cussion of brain. Dizziness or Bright 's dis- 
 ease 44 
 
334 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Neck — Continued, 
 and shoulder hurt by fall. Lumbago, crick or 
 
 lame back 198 
 
 ^ and face infected by infection of cut on lip whUe 
 shaving ; death 120 
 
 Needle 
 
 (hypodermic) puncture of arm; infection; blood 
 poisoning 226 
 
 (hypodermic) puncture of leg; blood poison- 
 ing 182 
 
 puncture of epigastric artery; blood clot; gan- 
 grene in leg ; amputation of leg 234 
 
 Negligent 
 treatment of injured eye caused loss of eye 178 
 
 Nephritis 
 
 from injury to back when struck with bale of 
 
 hay 208 
 
 from injury to kidneys by blows ; death 155 
 
 cause of drowning when insured jumped or fell 
 overboard 179 
 
 Nervous shock 
 
 caused by fright and excitement 39 
 
 Neuritis 
 
 (traumatic) after injury from operating lawn 
 mower 75 
 
 New shoe worn 
 
 abrasion on foot; erysipelas germs in abrasion. 
 
 Erysipelas germs in smallpox sores 135 
 
 abrasion on toe ; infection ; blood poisoning ; 
 
 death 163 
 
TOPICAL, INDEX 335 
 
 Page 
 
 Ohio Statutes 
 Disease as defense 175 
 
 Oranges eaten 
 
 gastritis ; death. No accident 227 
 
 Orchitis 
 from accidental injury. Company not liable 
 under policy 188 
 
 Overdose of morphine 
 or Bright 's disease. Automobile accident cause 
 of death 237 
 
 Over-exertion 
 
 carrying baggage; paralysis of optic nerve or 
 
 retina ; loss of sight 162 
 
 carrying casket ; strain ; dilation of heart ; death 180 
 and fall; ruptured heart. Fatty degeneration of 
 
 heart 68 
 
 Slipped taking tire off auto ; blood clot. Arterio 
 
 sclerosis 1^1 
 
 and strain. Struck with pole ; death 181 
 
 Oysters 
 
 (unsound) eaten; ptomaine poisoning; death. . . 164 
 
 Pancreatitis 
 
 from wrench or blow on abdomen 106 
 
 Paralysis 
 
 and pneumonia from injury to temple and spine 
 
 by fall 140 
 
 (ascending) from fall, injuring back 100 
 
 caused by apoplexy from fall. Arterio sclerosis 
 and Bright's disease 130 
 
336 EEADY EEFEEENCE INSURANCE DIGEST 
 
 Page 
 Paralysis — Continued. 
 
 caused by cerebral hemorrhage from rupture of 
 
 blood vessel by striking head in falling 156 
 
 caused by fall on floor, injuring arm, head and 
 
 face 113 
 
 caused by railroad accident 179 
 
 No inference of wrench, shock or strain causing 
 
 it 232 
 
 of optic nerve or retina causing loss of sight, 
 
 from over-exertion 162 
 
 or apoplexy from artery ruptured by fall or 
 
 blow 59 
 
 or apoplexy and death caused by fall. Ill 
 
 health 143 
 
 result of injury to head by falling down stairs ; 
 
 death 222 
 
 Periosteum 
 
 of metacarpal bones of hand inflamed by pres- 
 sure on hand while sleeping 65 
 
 Peritoneal 
 
 inflammation from blow of pitchfork, causing 
 death.' 163 
 
 Peritoneum 
 
 infected after fall injuring stomach ; peritonitis ; 
 death 112 
 
 Peritonitis 
 
 appendicitis and locked bowels from injuries by 
 fall against dashboard. Prior attacks of ap- 
 pendicitis 5 
 
 caused by blow on stomach 235 
 
 caused by infection of peritoneum injured by 
 fall 112 
 
 caused by surgical operation for hernia 24 
 
TOPICAL INDEX 337 
 
 Page 
 
 Peritonitis — Continued. 
 
 caused by surgical operation for appendicitis 
 from injury to side by falling 124 
 
 following inflammation of appendix by bicycle 
 riding 7 
 
 of liver induced by fall. Prior attacks of dis- 
 ease 8 
 
 or inflammation of appendix from injury to side 
 by falling on icy walk 20 
 
 (septic) from traumatic appendicitis from in- 
 jury to abdomen in mail car 212 
 
 (traumatic) from operation to remove appendix 
 after injury to abdomen by blow in auto acci- 
 dent 134 
 
 Pressure 
 
 on hand while asleep caused inflammation of 
 periosteum of bones 65 
 
 Physical exertion 
 
 climbing steps in rarified atmosphere; death. 
 
 Not accidental 83 
 
 strained heart ; dilation of heart ; death. Heart 
 
 weak 61 
 
 Pimple 
 
 on lip pricked with pin; infection; inflamma- 
 tion of brain 153-155 
 
 Pitchfork 
 
 slipped; abdomen ruptured; peritoneal inflam- 
 mation ; death 163 
 
 Pneumonia 
 
 and paralysis caused by injuries to temple and 
 spine by fall ^^^ 
 
338 READY EEFERENCE INSURANCE DIGEST 
 
 Page 
 Pneumonia — Continued. 
 
 Arm broken ; pain in chest and lungs ; embolism 
 
 or thrombus 21 
 
 from lowered vitality caused by shock and wet- 
 ting from falling on wet ground 84 
 
 from abscess in lung from inhalation of bug. No 
 
 , proof 213 
 
 from activity of pneumonoccus germs when in 
 
 weakened condition from accident 242 
 
 from injuries by fall in pit. Intoxicants used. . 243 
 
 from fall injuring breast ; death. 149 
 
 cause of death. Sunstroke not cause of death. . 28 
 causing congestion of lungs. Barrel fell on in- 
 sured ; sickness ; death 228 
 
 from fall weakening system ; death 202 
 
 from cold wEiPe in weakened condition from fall 
 
 dislocating shoulder 202 
 
 (Septic) from septicaemia and erysipelas in leg 
 injured by thumb nail. Intervening causes ... 53 
 
 (Traumatic). No evidence of accident 7 
 
 (Traumatic) or cerebral hemorrhage from in- 
 juries to head and shoulder by fall 71 
 
 Poison ivy 
 
 Contact with ; infection of hand ; death. Poison, 
 
 etc 177 
 
 Contact with ; inflammation of eyes 185 
 
 Poisoning 
 
 of fingers by dipping, etc 248 
 
 Predisposition 
 
 to apoplexy, etc. Exertion running up hill; 
 
 pains in head ; apoplexy 40 
 
 to rupture. Fall; rupture; surgical operation; 
 
 death i 133 
 
TOPICAL IKDEX 339 
 
 Page 
 
 Presumption 
 
 of accident and injury. Lifting ; strain ; inflam- 
 mation of intestines ; death . .^ 170 
 
 (See Inference.) 
 
 Pricked pimple 
 
 on lip with pin; infection; inflammation of 
 brain ; death 153-155 
 
 Prior attacks 
 
 of appendicitis. Fall sliding into cement base; 
 abdomen bruised ; appendicitis 91 
 
 of appendicitis. Fell against dashboard; abdo- 
 men injured ; appendicitis 5 
 
 of appendicitis. Strain carrying heavy basket; 
 appendicitis 89 
 
 of peritonitis of liver. Fall ; peritonitis of liver 8 
 
 Prior injury 
 
 and disease. Fall from buggy; head injured; 
 
 auto-intoxication 88 
 
 and lameness. Fall ; leg injured ; leg amputated 96 
 caused loss of sight 199 
 
 Prior operation 
 
 cause of adhesions. Slipped; twisted body; in- 
 jured abdomen ; adhesions of bowels, etc 142 
 
 Prior stroke of paralysis 
 Inference of wrench, etc. ; paralysis 232 
 
 Ptomaine poisoning 
 
 from eating decomposed ice cream 238 
 
 from eating mushrooms l^^ 
 
 from eating unsound food 191 
 
 from eating unsound oysters 164 
 
 was cause of entero-colitis 97 
 
340 READY REFERENCE INSURANCE DIGEST 
 
 Pulling 
 
 on stocking ; colon fell ; bowels slipped in front 
 
 of liver. No accident 249 
 
 pump from pipe hole; strained intestines. No 
 accident 220 
 
 Pulmonary 
 
 hemorrhage caused by injury to chest by falling 112 
 
 Puncture 
 
 of arm with hypodermic needle; infection; 
 blood poisoning 226 
 
 of hand with embalming needle ; infection ; blood 
 poisoning 166 
 
 of leg with hypodermic needle ; infection ; blood 
 poisoning 182 
 
 of pimple on lip with pin ; infection ; inflamma- 
 tion of the brain 153-155 
 
 Pyorrhea 
 
 germs in saliva coughed into face ; septic poison- 
 ing ; death 136 
 
 Railroad accident 
 
 cause of paralysis 179 
 
 Baising 
 
 hand suddenly while in w^eakened condition and 
 strong blood pressure; blood rupture of re- 
 tina ; loss of sight 128 
 
 Reached 
 
 to close shutter; ruptured artery; hemorrhage. 
 Consumption 42 
 
TQPICAI, INDE X 341 
 
 Rectum ^ 
 
 injured by lodgment of fishbone swallowed; 
 blood poisoning Igj 
 
 Removing 
 
 ingrowing hairs from chin ; jabbed tweezers into 
 skin ; infection 148 
 
 Rheumatism 
 
 caused by accidental injury 53 
 
 Rubbed 
 head with infected tOwel; abrasion; infection; 
 
 blood poisoning 230 
 
 toe; abrasion; infection; gangrene. Diabetic 
 
 gangrene 240 
 
 Run over 
 
 by train after falling in fit 165 
 
 Running 
 
 against door knob ; injured groin ; hernia 4 
 
 against door ; struck eye on hinge ; hemorrhage ; 
 
 loss of eye 86 
 
 up hill; pain in head; apoplexy. Bodily in- 
 firmity, etc 40 
 
 Ruptured 
 
 artery by fall or blow; apoplexy; paralysis. 
 Disease 59 
 
 artery in reaching to close shutter ; hemorrhage ; 
 death. No accident ; consumption 42 
 
 artery by falling after sawing wood in cramped 
 position 117 
 
 blood vessel by falling from car. Apoplexy. . . . 103 
 
 blood vessel by voluntary exertion when recov- 
 ering from sickness, etc 52 
 
342 READY BEFERENCE INSUBANCE DIGEST 
 
 Page 
 Buptlired — Continued. 
 
 blood vessel in lungs when exercising ; inflamma- 
 tion ; abscess in lungs ; death 158 
 
 duodenum or pancreas in falling 105 
 
 kidney by fall. Kidney cancerous 15 
 
 large aneurism on aorta in fall down stairs. 
 
 Faintness 10 
 
 Eupture 
 
 and ulcers or abscess from strain and injury to 
 groin in slipping. Cancer 129 
 
 by fall; surgical operation; death. Predisposi- 
 tion to rupture 133 
 
 by jumping from car 159 
 
 of artery of heart. Knocked down by breakers 
 while swimming; drowning cause of death. . . 201 
 
 of artery in falling over when sawing board in 
 cramped position , 117 
 
 of blood vessels and injury to lungs and stomach 
 by strain in lifting 183 
 
 of blood vessel in head by fall ; cerebral hemor- 
 rhage ; partial paralysis. . . ! 156 
 
 of blood vessel by lifting and arterio sclerosis 
 cause of death 157 
 
 of blood vessel by strain lifting mail bags 200 
 
 of blood vessel in brain and apoplexy due to 
 excitement arid shock from watching fire 116 
 
 of blood vessel by exercising with Indian clubs ; 
 abscess in lungs ; death 158 
 
 of blood vessel in lungs by strain in lifting 183 
 
 of blood vessel in brain by strain or exertion 
 controlling horse. Hardening of arteries 82 
 
 of blood vessel in stomach by lifting heavy cyl- 
 inder 150 
 
 of cancerous tumor of liver ; hemorrhage ; death, 
 by strain while playing golf 233 
 
TOPICAL INDEX 343 
 
 Rupture — Continued. 
 
 of ear drum, by slight turn of body while diving 250 
 of heart by fall on slippery pavement. Disease 46 
 of heart in fall caused by over-exertion. Heart 
 
 diseased 68 
 
 of heart by falling and striking body on stone. 
 
 Hardening of arteries 114 
 
 of heart by strain in lifting cotton bales 144 
 
 of retina and sight destroyed by raising hand 
 
 suddenly while in weakened condition, etc. . . 128 
 or strain of side, loop or kink in bowels, and in- 
 flammation caused by carrying ashes 217 
 
 Scalding water 
 
 falling into ear cause of death. Disease and low 
 vitality passive allies 13 
 
 Scratched 
 
 scab off boil on neck ; erysipelas ; death 149 
 
 Scratch 
 
 on hand ; blood poisoning ; arm amputated 67 
 
 or abrasion on ear; infection; erysipelas 237 
 
 or cut on finger ; infection ; blood poisoning 78 
 
 or cut on finger; infection; blood poisoning. ... 247 
 
 55 
 
 ScufSing 
 
 and cut finger with steel eraser; inflammation; 
 erysipelas ; blood poisoning ; death 
 
 Senile gangrene 
 
 after cutting toe while trimming nail ; amputa- 
 tion of leg; death: Disease ; no proof of acci- 
 
 , . 205 
 
 dent 
 
344 READY KEFEEENCE INSURANCE DIGEST 
 
 Page 
 
 Septic matter 
 
 coughed into eye; infection; blood poisoning. 
 No abrasion or wound 176 
 
 Septic peritonitis 
 
 appendicitis and locked bowels from fall 
 against dashboard. Prior attacks of appen- 
 dicitis 5 
 
 from inflammation of appendix caused by bicycle 
 riding 7 
 
 from traumatic appendicitis caused by injury 
 to abdomen in mail ear 212 
 
 Septic pneumonia 
 
 septicaemia; erysipelas; inflammation in leg 
 from injury to leg with thumb nail 53 
 
 Septic poisoning 
 
 blood poisoning; infection of wound in arm by 
 hypodermic needle, cause of death 226 
 
 or blood poisoning. Chloroform given for sur- 
 gical operation for appendicitis 51 
 
 from pyorrhea germs in saliva coughed into 
 face 136 
 
 Septicaemia 
 
 after surgical operation for appendicitis. No 
 accident 71 
 
 and gangrene from injury to side, colon and in- 
 testines. Endocarditis 58 
 
 or blood poisoning, causing death, due to injury 
 to leg 172 
 
 or blood poisoning, from cutting finger on glass . 161 
 
 or blood poisoning, from infection of finger cut 
 on wire spring 247 
 
 or blood poisoning, from infection of abrasion 
 on leg 3 
 
TOPICAL INDEX 345 
 
 Page 
 Septicaemia — Continued. 
 
 from erysipelas causing septic pneumonia, due to 
 
 inflammation in injury to leg 53 
 
 intervened causing death after accidental in- 
 juries 147 
 
 (See Infection; Blood poisoning; Erysipelas; 
 Septic poisoning.) 
 
 Shock 
 
 and excitement from watching fire; rupture of 
 blood vessel in brain; apoplexy; death 116 
 
 and wetting from fali on wet ground; lowered 
 vitality ; pneumonia 84 
 
 due to fall caused weakening of heart and de- 
 ficient circulation 48 
 
 encephalo and lung congestion caused by fall on 
 icy walk injuring ankle and fracturing fibula. 
 Arterio sclerosis "73 
 
 from fall on sidewalk; cerebral hemorrhage; 
 death. Tumor on brain 15 
 
 from fractured skull caused unconsciousness. 
 Skull previously trepanned 146 
 
 of cold plunge bath ; dilation of heart ; death .... 123 
 
 to nerves caused by fright and excitement 39 
 
 Shot 
 
 self in foot ; tetanus or lockjaw ; cut throat while 
 suffering pain ; self-destruction. Suicide 157 
 
 Shoulder 
 
 and head injured by fall ; unconsciousness ; cere- 
 bral hemorrhage ; traumatic pneumonia 71 
 
 and neck injured by slipping and falling. Lum- 
 bago, crick or lame back 198 
 
 dislocated by fall ; condition weakened ; caught 
 cold ; pneumonia ; death 202 
 
346 READY REFERENCE INSURANCE DIGEST 
 
 Page 
 
 Sickness 
 and voluntary exertion ruptured blood vessel; 
 
 death 52 
 
 and injury to foot ; death 18 
 
 Side 
 
 bruised in falling caused fever. Typhoid fever. 33 
 
 bruised; malignant growth of spleen; fatty de- 
 generation of heart ; death 207 
 
 hip and heart injured by fall; inflammation of 
 pericardial sac ; blood poisoning ; death 121 
 
 injured by fall; appendicitis; peritonitis; death 124 
 
 injured by slipping on banana peel ; internal in- 
 juries; death. Lead colic; lead ppisoning 218 
 
 injured by stumbling and falling against rails; 
 hemorrhages ; death. Lungs weak 43 
 
 intestines and colon injured; septicaemia; gan- 
 grene ; death. Endocarditis or heart disease . . 58 
 
 strained by bowling; abdominal muscles in- 
 jured ; appendicitis 93 
 
 Shin bruised 
 Liver, heart, lungs, kidneys and appendix dis- 
 eased 74 
 
 Skin 
 abraded accidentally; infection; blood poison- 
 ing ; death 178 
 
 Skull fractured 
 and hemorrhage from ear and nose by fall on 
 
 floor. Apoplexy 108 
 
 causmg shock and unconsciousness. Skull had 
 been trepanned 146 
 
 SM 
 
 into cement block; abdomen bruised; appendi- 
 citis; death. Prior attack of appendicitis 91 
 
TOPICAL INDEX 347 
 
 Page 
 
 SUght 
 
 turn of body when diving ruptured ear drum. . . 250 
 
 Slipped 
 
 and fell, injured shoulder and neck and unable 
 to bend them. Lumbago, crick or lame back. . 198 
 
 and strained groin; rupture; ulcers or abscess; 
 death. Cancer, disease 129 
 
 in taking tire from auto ; strain ; blood clot near 
 heart ; death. Arterio sclerosis 150 
 
 on banana peel ; fell ; injured side causing in- 
 ternal injuries; death. Lead poisoning; lead 
 colic *. 218 
 
 on icy ground; twisted body; injured abdomen; 
 
 adhesions of bowels. Adhesions from prior 
 operation 142 
 
 on platform, fell and injured leg; septic or 
 pyemic symptoms 1 
 
 while convalescing from operation ; jar detached 
 and dislodged embolus ; death 250 
 
 Smallpox sores 
 
 port of entry for erysipelas germs. Abrasion on 
 foot from wearing new shoes port of entry for 
 germs 135 
 
 Somnambulism 
 Fall from window causing death 161 
 
 Spinal meningitis 
 
 from germs drawn in ear by inhalation of nasal 
 douche 116 
 
 Spine 
 
 bruised by fall in bathroom; death. Spine dis- 
 eased 223 
 
348 READY BEFERENCE INSTJBANCE DIGES T 
 
 Spitting 
 of blood and death caused by blows on chest. . . 196 
 
 Splash 
 
 of water infected with gonorrheal germs into 
 eye; inflammation of eye; gonorrhea; loss of 
 sight 96 
 
 Stepped 
 
 from walk to street ; jolt ; bowels injured ; intus- 
 susception 190 
 
 Sting of insect 
 
 blood poisoning ; death 42 
 
 venomous poisoning. Poison 181 
 
 Stomach 
 
 and head injured when thrown to pavement by 
 auto; concussion of brain; appendicitis; heart 
 disease ; death 16 
 
 and kidneys injured in fall while cranking auto ; 
 kidney removed; cysts on kidney; death. 
 Kidney diseased 189 
 
 injured by blows ; peritonitis 235 
 
 injured by fall; hemorrhage from peritoneal 
 cavity. Hemorrhage from cancer 126 
 
 Stooping 
 
 injured knee by dislocating cartilage 203 
 
 Strain 
 
 and injury to back by fall from car. Typhoid 
 
 fever 47 
 
 and internal injuries from accident cause of 
 
 death 209 
 
 and lifting of, and struck by heavy substances, 
 
TOPICAL INDEX 349 
 
 Page 
 
 Strain — Continued. 
 
 injured lungs and stomach and ruptured blood 
 
 vessels 183 
 
 caused death. Diseased condition of body 16 
 
 from carrying heavy basket; appendicitis; 
 
 death. Susceptibility to disease 89 
 
 from lifting cotton bales, ruptured heart 144 
 
 from lifting truck cause of hernia 160 
 
 from lifting; inflammation of intestines; death. 
 
 Presumption of accident and injury 170 
 
 f ropi lifting mail sacks ; lesion of blood vessels in 
 
 lungs 200 
 
 from over-exertion in carrying casket; dilation 
 
 of heart. Not accidental 180 
 
 from slipping when taking tire off auto; blood 
 
 clot near heart ; death. Arterio sclerosis 151 
 
 causing death, accidental 122 
 
 of abdomen by swinging sledge hammer cause of 
 
 hernia 160 
 
 of heart by physical exertion cause of dilation of 
 
 heart. Heart weak and unhealthy 61 
 
 or exertion in controlling horse ruptured blood 
 
 vessel of brain. Hardening of arteries 82 
 
 or fright from exertion in restraining horse 
 
 cause of death 1 
 
 or rupture of side from carrying ashes, caused 
 
 loop or kink in bowels 217 
 
 of pulling pump from pipe hole, injured intes- 
 tines. No accident 220 
 
 while playing golf, ruptured a cancerous tumor 
 
 of the liver causing hemorrhage and death . . . 233 
 
 Strained 
 
 and struck with pole; disabled; death. Over- 
 exertion 181 
 
350 READY EEFEBENCB INSUBANCE DIGEST 
 
 Page 
 
 Strained— Continued. 
 
 groin by slipping; ulcers or abscess. Cancer, 
 
 disease 129 
 
 side while bowling; injured abdominal muscles; 
 
 appendicitis 93 
 
 Stricture 
 
 of duodenum, duodenitis, from injury to internal 
 organs, by jumping from platform , 9 
 
 Struck 
 
 ianother in mouth; hand cut with teeth; blood 
 
 poisoning ; arm amputated 64 
 
 by auto ; thrown to pavement injuring head and 
 
 stomach; concussion of brain; appendicitis; 
 
 death. Heart disease 16 
 
 by bale of hay ; back injured ; nephritis ; death. . 208 
 by boom of sail ; leg broken ; chloroform given to 
 
 set leg ; death. Arterio sclerosis 98 
 
 chest against heavy iron in falling; pneumonia. 149 
 chest on post in falling ; pulmonary hemorrhage ; 
 
 death 112 
 
 eye on door hinge ; hemorrhage ; blindness 86 
 
 eye; inflammation which spread to other eye; 
 
 loss of both eyes 87 
 
 iron handle on wagon in falling; duodenum or 
 
 pancreas injured ; death 105 
 
 knee ; swelling and effusion of water and serum ; 
 
 surgical operation; blood poisoning; death. . . 109 
 water spout and injured head in falling. Heart 
 
 disease 41 
 
 with bed pan; wound; infection; blood poison- 
 ing; death. Blood poisoning in bed sores 199 
 
 with pole, or strain in avoiding being struck 
 
 caused injury. Over-exertion 181 
 
TOPICAL INDEX 351 
 
 Stubbed toe ^^ 
 
 broke bone ; gangrene over foot and leg ; leg am- 
 putated ; death. Diabetes concurring 115 
 
 Stumbled ' 
 
 and fell against rails; injured side; death. 
 
 Lungs weak 43 
 
 and fell on sidewalk. Conflicting proof whether 
 
 disease or accident 208 
 
 Sudden 
 
 enlargement of hernia. No proof of injury 219 
 
 faintness, temporary disorder, cause of fall. 
 
 Fits, etc 46 
 
 insane impulse; suicide. Insanity; infirmity... 105 
 
 Sidcide 
 
 by hanging when insane. Bodily infirmities, etc. 173 
 due to sudden insane impulse. Permanent in- 
 sanity, etc 105 
 
 while insane. Bodily infirmity ; suicide 244 
 
 while suffering from insanity caused by fall six 
 
 weeks prior. Too remote 180 
 
 while suffering pain from tetanus or lockjaw 
 caused by shooting self in foot 157 
 
 Sunstroke 27, 28 
 
 is accident 1 
 
 is accident 30 
 
 is accident 30 
 
 is accident 32 
 
 is accidental. Pneumonia cause of death not due 
 
 to sunstroke 28 
 
 and heat stroke are synonomous terms 31 
 
 is disease 25 
 
 from exposure to sun and heat of engine 27 
 
352 READY EEFEEENCE INSURANCE DIGEST 
 
 Page 
 
 Sunstroke — Continued, 
 
 from exposure to sun and humid atmosphere .... 25 
 
 or exposure to heat of furnace 31 
 
 or heat prostration, is disease 24 
 
 Surgical operation 
 
 appendix removed; traumatic peritonitis result 
 of injury to abdomen 134 
 
 for appendicitis caused by bruise of abdomen. 
 Prior attack of appendicitis 91 
 
 for appendicitis; chloroform administered; 
 death. Blood poisoning or septic poisoning. . 51 
 
 for appendicitis caused by fall injuring side; 
 peritonitis ; death 124 
 
 for appendicitis; septicaemia; death. Not acci- 
 dental 71 
 
 for appendicitis; septic peritonitis; locked 
 bowels, from injury to abdomen in fall against 
 dashboard. Prior attacks of appendicitis .... 5 
 
 for appendicitis; vomiting burst stitches; sec- 
 ond operation, etc. ; death 119 
 
 for appendicitis caused by strain by carrying 
 heavy basket. Prior attack of, and suscepti- 
 bility to appendicitis 89 
 
 for hernia causing peritonitis due to accident. . . 24 
 
 for hernia ; hernia cause of death 245 
 
 for hernia, needle punctured epigastric artery; 
 blood clot; gangrene in leg; leg amputated, 
 due to accident causing hernia 234 
 
 to reduce rupture caused by fall; death. Pre- 
 disposition to rupture 133 
 
 for adhesions of bowels caused by slipping on 
 icy ground 142 
 
 for appendicitis caused by injury in swinging 
 against moving car 187 
 
 for appendicitis; hernia; operation for hernia; 
 fall ; hernia ; peritonitis 224 
 
TOPICAL INDEX 353 
 
 Page 
 
 Susceptibility 
 
 to appendicitis by conditions from prior attack . . 89 
 
 Swallowed 
 
 fishbone which lodged in rectum; blood poison- 
 ing ; death , 167 
 
 hard substance ; intestinal canal wounded ; death 175 
 
 Swinging 
 
 sledge hammer ; strained abdomen ; hernia 160 
 
 Swung 
 
 against moving train; appendicitis; surgical 
 operation; death. Not immediate disability.. 187 
 
 Syphilis. 
 
 arterio sclerosis; dilation of heart. Blow on 
 chest ; aneurism of the aorta ; death 141 
 
 Teeth 
 
 extracted; artery ruptured; infected cotton 
 used ; blood poisoning 204 
 
 Temple 
 
 and spine injured by fall; pneumonia and 
 
 paralysis ^^ 
 
 injured causing hemorrhage and insanity 77 
 
 Temporary 
 
 disorder, sudden faintness, cause of fall. Fits, 
 etc .- 46 
 
 illness, fainting caused by indigestion, or dizzi- 
 ness. Fall in stream cause of drowning 35 
 
 physical disorder, fits and vertigo, cause of fall. 45 
 
 sickness and fall from train cause of death 55 
 
354 KEADY EEFERENCE INSURANCE DIGEST 
 
 Page 
 
 Tetanus 
 
 or lockjaw from injury to foot, and pain thereof 
 caused insured to- cut his throat. Suicide.... 157 
 
 Thrown 
 
 against side of ear; back and kidneys injured; 
 Bright 's disease 185 
 
 down by team ; apoplexy caused by blow. Apo- 
 plexy cause of fall 51 
 
 Thumb 
 
 injured and virus from it infected finger causing 
 
 blood poisoning 34 
 
 bitten by dog; infection; blood poisoning 76 
 
 Tibia 
 
 fractured when leg was struck with' hard sub- 
 stance. Disease or weakness of bone 209 
 
 Toe 
 
 cut when trimming nail; infection; senile gan- 
 grene in leg ; leg amputated ; death. Disease ; 
 no proof of accident 205 
 
 injured by stubbing against chair ; bone broken ; 
 gangrene over foot and leg; leg amputated; 
 death. Diabetes concurring 115 
 
 injured by wearing new shoe ; blood poisoning ; 
 death 163 
 
 rubbed ; abrasion ; infection ; diabetic igangrene . . 240 
 
 Toes 
 
 amputated; leg amputated for gangrene caused 
 by burning feet in hot air bath. 'Diabetes. . . 69 
 
 Tooth 
 
 extracted; gum injured; infected by bacteria; 
 
 blood poisoning 234 
 
 (See " Teeth.") 
 
TOPICAL INDEX 355 
 
 Page 
 
 Traumatic 
 
 appendicitis from injury to abdomen; septic 
 peritonitis 212 
 
 diabetes caused by accidental injury, cause of 
 death 193 
 
 neuritis after injury from operating lawn 
 mower 75 
 
 peritoiiitis from blow on abdomen when auto 
 overturned '. 134 
 
 pneumonia. No evidence of accident 7 
 
 pneumonia or cerebral-hemorrhage from fall in- 
 juring head and shoulder, cause of death. ... 71 
 
 Trimming 
 
 corn, cut foot ; blood poisoning ; death 165 
 
 nail, cut toe; senile gangrene; leg amputated; 
 death. No proof of accident injury ; disease . . 205 
 
 Tubercular 
 
 abscess. Hip injured on train ; abscess ; fistulous 
 tract 113 
 
 lesions healed, and accident caused trouble to 
 flare up 143 
 
 Tuberculosis 
 
 Unsound food eaten ; ptomaine poisoning ; death 191 
 
 Tumor on brain 
 
 Fall on sidewalk ; shock ; cerebral hemorrhage . . 15 
 
 Twisted j. 
 
 body in slipping on icy ground; abdomen in- 
 jured; surgical operation; adhesions of 
 bowels. Adhesions from prior operation 142 
 
 Typhoid fever 
 
 Accident or disease • • • • • 1^8 
 
 Injuries received when assaulted with sticks 
 were cause of death 214 
 
356 READY REFEEENCE INSURANCE DIGEST 
 
 Typhoid fever— Continued. Page 
 
 Delirium from; fell or jumped from window; 
 
 unconscious ; death 110 
 
 after recovery from accidental injury 63 
 
 Fall and bruised side causing fever 33 
 
 Strain and injury to back by fall in car 47 
 
 Unconscious 
 
 after falling out of window while in typhoid 
 fever delirium ; death 110 
 
 after fall; cerebral hemorrhage and traumatic 
 pneumonia 71 
 
 after blow on head causing two abrasions. 
 Heart disease 50 
 
 Unconsciousness 
 
 due to shock from fractured skull. Skull previ- 
 ously trepanned 146 
 
 Unsound 
 
 food eaten ; ptomaine poisoning ; death 191 
 
 oysters eaten ;- ptomaine poisoning; death 164 
 
 Uraemic 
 
 convulsions.. Accident cause of death 192 
 
 poisoning and fall due to apoplexy. Accidental 
 fall ; face and head bruised ; death 247 
 
 Venereal disease 
 
 Accidental injury cause of death 227 
 
 Venomous poison 
 
 from insect bite. Poison 181 
 
 Vertigo 
 
 caused fall 207 
 
 (See Temporary disorder; Pits; Sudden ill- 
 ness, etc.) 
 
TOPICAL INDEX 357 
 
 Virulent Page 
 
 germs from dental instruments cause of blood 
 poisoning 230 
 
 Virus 
 
 from injured finger to injured thumb caused 
 blood poisoning 34 
 
 Vomiting 
 
 and coughing burst stitches in appendicitis 
 operation wound ; anaesthetic given, and oper- 
 ation and disease cause of death. Not acci- 
 dental .' 119 
 
 Weakened condition 
 
 and strong blood pressure and raising hand sud- 
 denly, ruptured blood vessel ; sight destroyed . 128 
 from accident ; pneumococcus germs ; pneumonia 242 
 
 Weakened heart 
 
 causing deficient circulation caused by shock of 
 fall 48 
 
 Witnessing fire 
 
 shock ; ruptured blood vessel ; apoplexy 116 
 
 Wound 
 
 accidentally received ; infection ; blood poisoning 246 
 
 Wrench 
 
 or blow to side of abdomen caused pancreatitis. 106 
 of body and rupture of blood vessel caused by 
 lifting heavy cylinder,' causing death 150 
 
 Wrist 
 
 and head injured by fall on ice; blood clot on 
 brain; cerebral apoplexy; death. Degenera- 
 tion of nerve and brain cells 210