Interstate Business Men's Acc. Ass'n v. Ford

• Citation: 161 Ky. 163,170 S.W. 525
• Parties: INTERSTATE BUSINESS MEN'S ACCIDENT ASS'N v. FORD.
• Decision Date: 19 November 1914
• Court: Court of Appeals of Kentucky

170 S.W. 525

161 Ky. 163

INTERSTATE BUSINESS MEN'S ACCIDENT ASS'N v. FORD.

Court of Appeals of Kentucky.

November 19, 1914

Appeal from Circuit Court, Franklin County.

Action by Edith M. Ford against the Interstate Business Men's Accident Association, on an accident policy. From a judgment for plaintiff, defendant appeals. Affirmed.

J. C W. Beckham, of Frankfort, Dallam, Farnsley & Means, of Louisville, and R. M. Haines, of Des Moines, Iowa, for appellant.

Scott &amp Hamilton, of Frankfort, for appellee.

HOBSON C.J.

The Interstate Business Men's Accident Association issued to Gale Ford a policy insuring him in the sum of $5,000 against death resulting from bodily injuries effected solely by external, violent, and accidental means. This action was brought by his widow, Edith M. Ford, the beneficiary in the policy, to recover upon it. The defendant denied that Gale Ford came to his death by reason of bodily injuries effected solely by external, violent, and accidental means. On the trial of the case before a jury, these facts appeared:

Gale Ford resided at Dixon Springs, Tenn. He was the cashier of a bank there. He owed the bank $6,000, and had permitted one Beasley to overdraw his account $3,900. The bank was in straitened condition, and Ford wanted $7,500 to pay into the bank to keep it going, and was planning to go to Louisville to get the money. He told a lady who lived there what he wanted, and she offered to lend him the money, but he said he would rather get it from his friends in Louisville. He left Dixon Springs for Louisville, saying he was going there to get the money. He reached the Old Inn Louisville about 2 o'clock in the morning of August 28th. He knew the hotel people well, and when he got there he gave his watch to the night clerk, telling him he had broken it, and asking him to have it repaired for him. He was assigned to a room, and came down the next day, and, after some talking with the day clerk of the hotel, telephoned to the residence of R. H. Alexander who was one of the friends from whom he expected to get the money. Mrs. Alexander told him that her husband was not at home, but was up the Kentucky river, and would be back on the boat that afternoon. He told Mrs. Alexander that he would meet the boat and see Mr. Alexander. He was apparently in perfect health and in good spirits, laughing and talking as he usually did. He left the hotel about 2 o'clock, leaving his baggage in his room, and, so far as the evidence shows, was never afterwards seen alive.

Mr. Alexander did not come home on the boat, but took the train at Worthville, and came in on it. On August 31st Ford's body was found in the Ohio river in about two inches of water, near Goose Island, by two fishermen. A lot of papers, a scarf pin, some cuff buttons, and shirt buttons were found on his person. About two feet of water had been over that part of the river two or three days before. The fishermen had been within 50 feet of where the body was found, the day before, and saw nothing of it. There was a cut about two inches long on the top of his head, extending down over the right eye. One cuff of his shirt was partly torn off; there were several bruises on the head which were such as could not have been received in striking the rocks while in the river; the shirt collar was open; the remaining cuff was open, with the button hanging on one side; and his clothing was badly mussed.

The Kentucky river boat was late in getting in on the evening of August 28th. It landed at the wharf at the foot of Third street. The entrance of the canal is at Sixth street. The dam extends across the river from the mouth of the canal. The bridge is at Fourteenth street....