Horsfall v. Pacific Mut. Life Ins. Co.

• Decision Date: 27 June 1903
• Citation: Horsfall v. Pacific Mut. Life Ins. Co., 32 Wash. 132, 72 P. 1028 (Wash. 1903)
• Parties: HORSFALL v. PACIFIC MUT. LIFE INS. CO.
• Court: Washington Supreme Court

72 P. 1028

32 Wash. 132

HORSFALL v. PACIFIC MUT. LIFE INS. CO.

Supreme Court of Washington

June 27, 1903

Appeal from Superior Court, Pierce County; W. H. Snell, Judge.

Action by Kate Horsfall against the Pacific Mutual Life Insurance Company. From a judgment for plaintiff, defendant appeals. Affirmed.

F. R Baker, for appellant.

F. S. Blattner and Stiles & Doolittle, for respondent.

MOUNT J.

Action to recover upon an accident insurance policy issued by appellant to John Horsfall during his lifetime. The respondent, Kate Horsfall, is the beneficiary under the policy in case of the death of the insured as the result of an accident covered by the policy. Plaintiff had judgment below, and defendant appeals.

The policy of insurance is in the usual form of accident insurance, and provides, among other things, for a weekly indemnity in case of injury from accident, and for a principal sum of $1,200 to be paid to the wife of the insured in case of the death of the insured within 90 days from the happening of such accident. It also provides that, unless the claimant gives to the company immediate written notice of any accident, with full particulars and affirmative proof of death, within 90 days from the time of the death, all such claims shall be forfeited. It provides, further: 'This insurance does not cover * * * injuries, or death resulting therefrom, of which injuries there are no visible external marks upon the body (the body itself not being considered such mark), produced at the time of and by the accident. * * *' The insured was a man 58 years old at the time of his death, a blacksmith by occupation, weighed about 175 or 180 pounds, and was a strong, healthy, robust man, capable of a lift of from 200 to 250 pounds without difficulty. On March 24, 1902, while at work in the shop of the Puget Sound Iron Works at Tacoma, he was called upon to assist in carrying a bar of iron 1 1/2 by 4 inches thick, and about 22 feet long, weighing from 350 to 400 pounds. This bar of iron was lying on a pile of round, flat, and square iron close to the wall of the building, so that Mr. Horsfall was compelled to stand on top of the pile and reach below his feet in order to pick up the end of the bar. Another man had picked up one end of the bar, and Horsfall, by reason of his position, was at some disadvantage in picking up his end of the bar. He, however picked up the end of the bar, and carried it to the anvil where he laid it down, and immediately complained of being sick. He turned pale, trembled, grew cold, perspired profusely, and had to quit work. He went home and called a physician, who pronounced the trouble a violent dilation of the heart, causing hypertrophy, from which Mr. Horsfall died on April 18, 1902. Doctors, both for the plaintiff and for the defendant, testified that, under the circumstances of the lift, the lift itself, in their opinion, would cause the dilation of the heart.

The appellant argues but one assignment of error, viz., 'in denying appellant's motion for judgment of nonsuit and dismissal at the close of plaintiff's case.' It is urged in support of this assignment (1) that the evidence fails to show that the deceased met with an accident of any kind; (2) if he did meet with an accident, it was not such an accident as was covered by the policy; and (3) there was no immediate notice given as required by the policy of insurance.

1. The policy insured the deceased against the effect of bodily injuries 'caused solely by external, violent, and accidental means.' Death by accident is defined to be "death from any unanticipated event, which happens as by chance, or which does not take place according to the usual course of things.' So a strain of the muscles of the back, caused by lifting heavy weights in the course of business, is injury by accident or violence 'occasioned by external or material causes operating on the person of the insured." 2 May on Insurance (4th Ed.) § 514; United States Mutual Accident Ass'n v. Barry, 131 U.S. 100 9 S.Ct. 755, 33 L.Ed. 60; North American, etc., Ins. Co. v. Burroughs, 69 Pa. 51, 8 Am. Rep. 212; 1 Cyc. p. 248, and cases cited. The evidence shows conclusively that the deceased was a strong and apparently healthy man of 58 years, who had never been sick, and who was accustomed to lift from 200 to 250 pounds without difficulty; that immediately after he had made the lift of one end of the bar, weighing from 350 to 400 pounds, he became sick and ...