Ackermann v. Minnesota Commercial Men's Association
| Decision Date | 27 November 1931 |
| Docket Number | 28,639 |
| Citation | 239 N.W. 229,184 Minn. 522 |
| Parties | OSCAR A. ACKERMANN v. MINNESOTA COMMERCIAL MEN'S ASSOCIATION |
| Court | Minnesota Supreme Court |
Action in the district court for Hennepin county by the administrator of the estate of Henry F. Ackermann to recover for his death under a policy of health and accident insurance issued by defendant. The jury returned a verdict for plaintiff for $5,000, the full amount of the policy. Upon defendant's alternative motion for judgment notwithstanding the verdict or new trial, the court, Baldwin J. granted the motion for judgment, and plaintiff appealed from the judgment entered pursuant thereto. Affirmed.
Insurance -- life and accident -- death from means not within terms of policy.
Decedent carried health and accident insurance in defendant company. The contract provides that the defendant will pay to the beneficiary named therein the sum of $5,000 in case the assured shall die as a result of bodily injuries due to external, violent, and accidental means of which there shall be external and visible evidence and which shall independently of all other causes, result in his death. The contract further provides that there shall be no liability in case death of the assured occurs wholly or partially, directly or indirectly, in consequence of disease or bodily or mental infirmity.
On the evidence pointed out in the opinion, it is held that the plaintiff failed to show liability of defendant under these provisions of the contract, and the court correctly directed judgment for defendant notwithstanding the verdict.
Cox, Weeks & Kuhlmann and Linus J. Hammond, for appellant.
A. V. Rieke, Bonita F. Rieke, and Maurice H. Rieke, for respondent.
Plaintiff appeals from the judgment for defendant, entered on an order vacating a verdict in plaintiff's favor and directing the entry of judgment in defendant's favor notwithstanding the verdict.
The one question for review is whether the evidence would reasonably sustain a verdict for the plaintiff. Defendant moved for a directed verdict at the close of the evidence, and if the evidence was such that a verdict for plaintiff could not stand but would have to be set aside by the court, then defendant was entitled to a directed verdict and the court properly ordered judgment notwithstanding.
Defendant is an accident and disability insurance company. It does not insure lives, except to a limited extent where death is caused by accident. The deceased, Henry F. Ackermann, carried accident and disability insurance in defendant company. The contract of insurance provides for the payment of $5,000 for death of the insured resulting from bodily injuries "due to external, violent and accidental means of which there shall be external and visible evidence and which shall, independently of all other causes," result in death within 90 days from the date of accident. It is further provided that the defendant shall not be liable where the disability or death "occurs wholly or partially, directly or indirectly in consequence of any of the following causes, conditions, or acts, * * * to-wit: Disease, bodily or mental infirmity, * * * fits, vertigo, * * *."
Decedent was 61 years of age. There was nothing in his appearance to indicate disease until a few minutes before his death. On November 4, 1929, he entered the St. Paul Union Depot and was walking along the main concourse or corridor leading to the train passages. The concourse has a tile floor and inclines slightly upwards in the direction he was walking. Three witnesses, employed in the depot, saw him as he walked along and described his appearance, manner of walking, and his fall. There was something peculiar about his appearance and walk which called their attention to him. Decedent had a staring look, walked in a stooping or bent-over position, and seemed to be laboring as if he were trying to get some place in a hurry. He was lagging along and was very shaky. He walked about 20 feet up this concourse and then...
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