Hoosier Cas. Co. v. Royster

• Decision Date: 09 January 1924
• Docket Number: No. 11714.,11714.
• Citation: 142 N.E. 18
• Parties: HOOSIER CASUALTY CO. v. ROYSTER.
• Court: Indiana Appellate Court

142 N.E. 18

HOOSIER CASUALTY CO.

v.ROYSTER.^*

No. 11714.

Appellate Court of Indiana, Division No. 2.

Jan. 9, 1924.

Appeal from Circuit Court, Clinton County; Earl Stroup, Judge.

Action by Lydia Royster against the Hoosier Casualty Company. Judgment for plaintiff, and defendant appeals. Reversed.

H. C. Sheridan, of Frankfort, and W. H. Latta, of Indianapolis, for appellant.

Thomas M. Ryan, of Frankfort, for appellee.

NICHOLS, J.

Appellee was named as beneficiary in an accident policy issued by appellant to one Sigel A. Royster, who was her husband. This action on the policy is upon the theory that a liability had accrued to her on account of the death of said insured. The liability of appellant is predicated upon the theory of accidental death occurring through external, violent, and accidental means. Appellee has filed her motion to dismiss the appeal, and contends in support thereof that appellant's brief is insufficient to present any question. We hold, however, that the brief shows a good-faith effort, and that it is sufficient to present the question here involved. The motion to dismiss is overruled.

The only error presented is the action of the court in overruling appellant's motion for a new trial, which presents only that the finding and judgment of the court is not sustained by sufficient evidence and is contrary to law. The question in this case is whether the death of said insured was so occasioned. The evidence fully sustains the following averment of facts as found in the complaint:

“That the insured, the said Sigel A. Royster, was afflicted with hemorrhoids, and in treating such hemorrhoids, he used a tube for the introduction of medicine into the lower bowel, and on the 17th day of November 1921, in so introducing said medicine into said bowel, he accidentally and without intention on his part, punctured said lower bowel with said tube or instrument so used for the purpose aforesaid, and from which said injury he sickened and lingered until the 21st day of November, 1921, at which time he died from the results of said injury so suffered as aforesaid. That there were visible marks of said injury, in this: That the hole so punctured in the said lower bowel was about one-fourth inch in diameter. That there were external marks of said injury, in this: That within a short time after said injury the lower part of the abdomen became swollen and hardened, and that the death of said Sigel A. Royster resulted as a proximate result...