Martin v. Bankers Life Co.
| Decision Date | 26 September 1933 |
| Docket Number | 41804 |
| Citation | 250 N.W. 220,216 Iowa 1022 |
| Parties | DAISY L. MARTIN, Appellant, v. BANKERS LIFE COMPANY, Des Moines, Appellee |
| Court | Iowa Supreme Court |
Appeal from Jasper District Court.--D. W. HAMILTON, Judge.
Action at law upon two policies of insurance. Defendant's motion for a directed verdict in its favor, made at the close of all the evidence, was sustained. Plaintiff appeals.
Reversed.
Campbell & Campbell, for appellant.
R. B Alberson, J. P. Lorentzen, and Cross & Hamill, for appellee.
Harry S. Martin was manager of several farms belonging to Mr Maytag, of Newton, Iowa. He also owned a farm of his own which was operated by an employee under his management. Prior to the year 1930, the defendant-appellee had issued to Harry S. Martin two policies of life insurance for $ 6,000 and $ 4,000, respectively, and both policies provided for double indemnity in case the death of insured should be caused by an accident. The beneficiary named in both of these policies was Daisy L. Martin, the wife of insured. Said Harry S. Martin died on the 12th day of June, 1930. The defendant paid the original sum provided in both policies, but refused to pay the double indemnity on either of said policies. Thereupon, the widow and beneficiary, Daisy L. Martin, instituted this action to enforce the payment of the double indemnity provision of the policies, alleging that the death of the insured resulted from accident. The defendant admitted its corporate existence, that the policies sued upon had been issued by it, that Harry S. Martin had died, and that it had paid the beneficiary in said policies the original sums provided therein. Defendant denied each and every other allegation contained in plaintiff's petition. Trial was had to a jury. At the close of plaintiff's evidence, the defendant moved the court to direct the jury to return a verdict in favor of the defendant, which motion was overruled. Thereupon, the defendant presented its evidence, and at the close of defendant's evidence it renewed its motion and again asked the court to direct the jury to return a verdict in its favor. The defendant's motion for a directed verdict was sustained by the court, a verdict rendered in favor of defendant, and judgment entered thereon. The plaintiff appeals.
Appellant contends that the evidence offered by her is sufficient to make a case for the jury as to whether the death of Harry S. Martin was caused by accident, within the provisions of the policies sued upon. The same provision in regard to double indemnity was contained in each of said policies and is as follows:
"Upon receipt of due proof that the death of the insured resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental cause, and that such death occurred within sixty days after sustaining such injury and before the expiration of the policy year nearest the sixtieth anniversary of his birth, the Bankers Life Company agrees to pay double the amount called for in the first paragraph, Page of this Policy."
The facts of the case are substantially as follows: The insured. Harry S. Martin, was a man 53 years of age, was what might be called short and heavy-set, and weighed between 160 and 185 pounds. On April 28, 1930, Mr. Martin went to his farm and stayed there until about midnight assisting his employee in taking care of a sow that was farrowing in an individual hoghouse close to a corncrib and other hoghouses. Every time a pig was born Mr. Martin would go into the hoghouse and get it and bring it outside. After Mr. Martin had come out of the hoghouse on one of these trips, Mr. Hunt. his employee, noticed that the back of his hand above the second and third knuckles had been skinned and was bleeding. Mr. Martin wiped the hand with his handkerchief, but continued with his work until about midnight, when he returned to his home. On the following morning, April 29, 1930, between half past 7 and 8 o'clock. Mr. Martin went to one of the Maytag farms to help start a new corn planter. Prior to leaving his home his wife noticed the injured hand and testified that at that time it was puffed and red; that the place where the wound or scab was wasn't more than half an inch, but that the puffing and swelling around the edge of the wound was about the size of a dollar, and was of a purplish or dark purple color which was all around the scab. When Mr. Martin reached the Maytag farm, he helped fix up a corn planter in the barnyard. While thus working, a wrench which he was using slipped and knocked off the scab on the back of his hand which had been injured the night before. He continued his work on the planter until it was taken into the field and started. Upon leaving the Maytag farm and before returning to his home for lunch, Mr. Martin stopped at the office of Dr. Besser for the purpose of having his injured hand dressed. Dr. Besser testified that at that time the wound had a peculiar discoloration around the edge; that he cleaned it with green soap, put on an iodine dressing, some gauze, and a bandage, and instructed Mr. Martin to return the next day; that when he returned the next day the wound looked a trifle more angry, and he instructed Mr. Martin to come again that afternoon; that Mr. Martin called again in the afternoon and he again dressed it using about the same applications; that the following day the wound looked some better, and the day following that it was cleared up considerably and the swelling had disappeared; that he kept the hand bandaged for several days and that the dressing he used was the regular and approved dressing for that kind of wound; that the last time he dressed the hand was on May 3d or 4th; and that after that he did not examine it.
The evidence shows that prior to this injury Mr. Martin had been a man of great energy, very quick in his movements, and always on the go; that during 26 years of his married life he had never had a doctor except once, about five years before the time of the injury, when he had an attack of flu. After this injury to the back of his hand, the evidence is that a change developed in Mr. Martin's appearance; that he was observed to slow down; that his color was pasty and ashy; that he had a sleepy look and his eyes appeared sunken; that he moved sluggishly as though it was an effort for him to move, and complained of being tired; that on Decoration Day following the accident to his hand he ran a lawn mower across his lawn a couple of times and then went into the house, where his wife observed that he was broken out with perspiration, and said, "I am getting so soft I cannot stand anything", and lay down; that on June 5th following, he complained of feeling very tired; that on June 6th he got up, ate a little breakfast, and started to take off his boots and said: "I am going to bed, I don't feel very good". That he went to one of the Maytag farms and came back home during the forenoon and, when asked what was the matter, said, "I don't feel very good, I came back while I thought I could get back", and then went to bed. That he complained of pain in his abdomen and remained in bed until about 10, when he got up and said he was going to Mr. Hunt's; that his wife coaxed him not to go and that he then said he would go just a little ways down the street; that he then went to see Dr. Besser. On reaching Dr. Besser's office, he complained of pain in his stomach. Dr. Besser took his temperature, gave him some medicine, and told him to go home, not to eat any dinner, and to let him know if he did not feel better in the afternoon. Upon returning home, Mr. Martin went to bed and remained there until about 4 o'clock in the afternoon. He then got up and rode with Mr. Maytag in an automobile to one of the Maytag farms, Mr. Maytag doing the driving. Upon returning from the Maytag farm, he said he was starved and his wife gave him a lunch and he went to bed about 9 o'clock. On the following morning, June 7th, he got up between 6 and 7 o'clock, but, instead of going to any of the farms, he sat around with his head in his hands and said, "I am going to bed", and told his wife to call the doctor. Mrs. Martin called Dr. Besser and he immediately went to the Martin home. Upon reaching there, he testified that he found Mr. Martin suffering considerable pain through the abdomen. The doctor told him to go to bed and directed that an ice bag be placed upon him, and told Mrs. Martin to report in a couple of hours if he wasn't any easier. In about three-quarters of an hour the doctor was called back and again found Mr. Martin nauseated, and suffering considerable pain, which appeared to be to the right of the center. The doctor made a tentative diagnosis of acute appendicitis and advised him to go to the hospital. Preparatory to taking him to the hospital, his wife, in bathing his back, noticed eight or ten little spots of a purplish color, like his hand had been at the time it was hurt. Mr. Martin was taken to the hospital and a blood count made immediately upon his arrival there. The blood count showed a white count of 14,000 instead of the ordinary normal count of about 7,000. Dr. Besser then had Dr. Johnson, who was in the hospital, look at Mr. Martin, and it was the opinion of both doctors that he was suffering from acute appendicitis. Preparations were immediately made and Mr. Martin was operated on about 9 o'clock in the morning of June 7th. The operation was performed by Dr. Johnson, assisted by Dr. McMurray, and Dr. Besser gave the anaesthetic.
When the abdomen was opened and the appendix disclosed, both Dr Besser and Dr. Johnson testified that...
To continue reading
Request your trial