Rathjen v. Woodmen Accident Association
| Decision Date | 17 May 1913 |
| Docket Number | 17,160 |
| Citation | 141 N.W. 815,93 Neb. 629 |
| Parties | CLARA RATHJEN, APPELLEE, v. WOODMEN ACCIDENT ASSOCIATION, APPELLANT |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Webster county: HARRY S. DUNGAN JUDGE. Affirmed.
AFFIRMED.
Hainer & Craft, for appellant.
Bernard McNeny, contra.
ROSE FAWCETT and HAMER, JJ., not sitting.
Action on a policy of accident insurance issued by the Woodmen Accident Association, a domestic corporation, to Henry J. Rathjen, by which it was provided that, in case of his death "caused directly and exclusively by bodily injury effected by external, violent and accidental means," the association would pay to his beneficiary, Clara Rathjen, the sum of $ 1,000. A trial in the district court for Webster county resulted in a verdict and judgment for the plaintiff, and the defendant has appealed.
It is strenuously contended that the verdict is not sustained by the evidence, in this, that it was not shown that Rathjen's death was caused directly and exclusively by bodily injury effected by accidental means. The record discloses that the assured was a man 33 years of age, 6 feet in height, who weighed about 180 pounds. He was a farmer, and engaged in that occupation on the 27th day of June, 1910, and was apparently in good health. On that day, while working with a team and cultivator in his cornfield, he was accidently struck on this right knee by the iron lever of his cultivator; the knee commenced to swell, and the swelling continued until July 3, when he obtained treatment for his injury from Doctor Cook, who relieved the injured part by removing an effusion of water and serum, and bandaged the patient's leg. Not obtaining satisfactory relief from the treatment of Doctor Cook, the assured, on the 10th day of July, employed Doctor Moranville, who removed the bandage and applied a milder dressing. Doctor Moranville testified that at that time Rathjen had a high temperature or fever; that two days thereafter he became confined to his bed, from which he never arose, and died on the following 12th day of August, 1910.
The foregoing facts are undisputed. It is claimed however, by the defendant, that Rathjen's death was caused by what is known as "Bright's disease," or to use the words of Doctor Raines, "chronic interstitial nephritis." On this question the evidence was conflicting. Doctor Moranville, a physician of more than 35 years' experience and practice, who appeared from his evidence on both his direct and cross-examination to have been familiar with cases of a like nature, and who treated the assured from about the 10th day of July until death ensued, testified that in his opinion Rathjen's death was the result of blood-poisoning, caused by the injury to his right knee which was sustained by the accident of June 27, 1910. For the defendant, Doctor Raines, who was called to see the patient about the 31st of July, testified, in substance, that in his opinion Rathjen's death was caused by chronic interstitial nephritis, or what is commonly called "Bright's disease." Of the two physicians Doctor Moranville seems to have had the best opportunity to ascertain the cause of Rathjen's death, and, without doubt, the jury were more impressed by his evidence than that given by Doctor Raines. Doctor Cook, who appeared to be a competent and unprejudiced witness, gave testimony, which, to some extent, strengthened the evidence of Doctor Moranville. It is true that Doctor Cook testified that about a year before the accident occurred be treated Rathjen for stomach and kidney trouble, but he also testified that the trouble disappeared as the result of his treatment. Doctor Creighton testified, in answer to a hypothetical question, that the death of Rathjen might be attributed to Bright's disease, while Doctor Cook admitted that Rathjen's death could have arisen from blood-poisoning as a result of his accidental injury. As indicating the real nature of the disease, the testimony shows that at its earliest stages the injured knee was swollen; but it appears from the evidence of the physicians that, if there had been a dropsical condition resulting from Bright's disease, both of the patient's legs would probably have been swollen. The testimony of Rathjen's father was to the effect that the injured knee was the only one that was swollen, and there was no swelling of the left limb. Like testimony was given by a Mr. McIntyre, a neighbor, who helped to take care of Rathjen during his illness. Rathjen's wife testified, in substance, that he had never had any serious illness, and up to...
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