Iowa State Traveling Men's Ass'n v. Lewis
| Decision Date | 07 April 1919 |
| Docket Number | 5234. |
| Citation | 257 F. 552 |
| Court | U.S. Court of Appeals — Eighth Circuit |
| Parties | IOWA STATE TRAVELING MEN'S ASS'N v. LEWIS. |
John B Sullivan, of Des Moines, Iowa (Sullivan & Sullivan, of Des Moines, Iowa, on the brief), for plaintiff in error.
Eugene D. Perry, of Des Moines, Iowa (Harley H. Stipp, Robert J Bannister, and Vincent Starzinger, all of Des Moines, Iowa and H. B. Bradbury, of New York City, on the brief), for defendant in error.
Before CARLAND and STONE, Circuit Judges, and AMIDON, District Judge.
This is an action to recover a death indemnity alleged to be due and payable by the plaintiff in error, hereafter defendant, to the estate of John F. Bailey, deceased. The case was heard by the trial court sitting without a jury upon the pleadings and a stipulation of facts. Judgment was rendered in favor of the defendant in error, hereafter plaintiff.
Section 2, of article 6, of the contract sued on reads as follows:
'Whenever a member in good standing shall through external, violent, and accidental means receive bodily injuries which shall, independently of all other causes, result in death within ninety days from said injuries, the beneficiary named in his application for membership, or his heirs, if no beneficiary is named therein, shall be paid the proceeds of one assessment of two dollars upon each member in good standing, but in no case shall such payment exceed the sum of five thousand dollars, which shall be in full satisfaction of all liabilities to the said deceased member, his beneficiaries, heirs or legal representatives.'
The facts in this case are the same as those in Interstate Business Men's Accident Association v. Maude Lewis, Executrix, 257 F. 241, this day decided. For the reasons given in the case mentioned we decide that the deceased came to his death as the result of receiving a bodily injury through external, violent, and accidental means within 90 days from the said injury. The defendant further pleaded the following section applicable to the contract sued on (article 6, Sec. 6):
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