Anderson v. TRAVELERS'PROTECTIVE ASS'N OF AMERICA

• Decision Date: 18 December 1934
• Docket Number: No. 7537.,7537.
• Citation: 74 F.2d 170
• Parties: ANDERSON v. TRAVELERS' PROTECTIVE ASS'N OF AMERICA.
• Court: U.S. Court of Appeals — Fifth Circuit

74 F.2d 170 (1934)

ANDERSON v. TRAVELERS' PROTECTIVE ASS'N OF AMERICA.

No. 7537.

Circuit Court of Appeals, Fifth Circuit.

December 18, 1934.

D. A. Frank, of Dallas, Tex., for appellant.

Perry S. Robertson and Martin J. Arnold, both of San Antonio, Tex., and Maurice P. Phillips, of St. Louis, Mo., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Anderson, having a certificate of accident insurance issued by the Travelers' Protective Association, died, and his widow as beneficiary sued, asserting that the death was caused by accident within the coverage of the certificate. A verdict was instructed against her, and she appeals, with this ruling as the only assigned error. The material provisions of the insurance are these: A promise to pay "$5,000 if killed by accidental means," "whenever a member in good standing shall, independently of all other causes, through external, violent and accidental means receive bodily injuries which shall solely and exclusively cause death," but not "when there are no visible marks of injury on the body" or "when the result of voluntary overexertion. * * *" Anderson on September 30, 1932, was driving with one Foster in Anderson's automobile. It became mired down, and they worked with it for several hours, Anderson using a screw jack, both carrying large stones and using a pry to raise the wheels, which kept slipping back into the mud. Anderson at length said he was very tired, and sat down by the side of the road, looking pale and bad. He did not complain of pain or any injury, and Foster saw nothing happen that looked like an accident or injury to his body, but he could not positively say that none occurred. Anderson was a young man, apparently in good health previously, but, after getting the car out of the mud and reaching destination, he ate but little dinner, saying he felt nauseated. He stated next morning that he slept badly, and he took only a light breakfast. At work that day he looked sick, became nauseated and vomited. Foster drove him home and put him in his wife's charge. He got worse, eating and sleeping but little, and after two days a doctor was summoned, who from his complaints thought he had influenza. Anderson got yet worse, was taken to the hospital and tested for infections, kidney, liver, and other troubles without any satisfactory diagnosis resulting. His blood lost red and increased white corpuscles. His stomach swelled. He had high fever and delirium, and on October 9th died. No bruises appeared on his body, and he...