141 Iowa 519 | Iowa | 1909
Plaintiff sues as beneficiary under a certificate of accident insurance in the defendant asso
The decedent, a cigar manufacturer, forty-two years of age, who had previously been in good health; left his home in Des Moines on the morning of August 8, 1906, at about seven o’clock, in good spirits. He was last seen about half past two o’clock on the afternoon of that day on Locust Street, in Des Moines, where he engaged in a conversation with a friend with reference to prospective arrangements for holding the usual annual picnic of the German Turners Society at some place along the Des Moines River, instead of ' at Ashworth’s Grove or at Clegg’s Woods, in the western part of the city, along the Valley Junction Interurban Line, where such picnics had usually been held, and in this conversation he said he was going out that afternoon to Clegg’s Woods and Ashworth’s Grove to see what condition the grounds were in at that time. The tract of land known as Clegg’s Woods lies on both sides of the Valley Junction track about a half' mile west of Tngersoll Park, and Ashworth’s Grove is just north and west thereof. These tracts lie west and south from the golf links of the Des Moines Country Club, from which they are separated by a road. On the 24th day of September following the body of deceased was found in a ravine in the woods west of the golf grounds above referred to at a secluded place difficult of access. The coroner was called, and found the
We think that the evidence was not sufficient to take the case to the jury on their theory. The circumstances proven go no further in probative effect than to suggest the possibility that a bullet penetrated the body of deceased causing the hole in his shirt, and that the resulting wound produced death, and the further possibility that such bullet was accidentally fired, and not with the intention that deceased should be struck thereby. No weapon was found near the body, nor was there any other suggestion that a bullet had penetrated the body of deceased causing his death, save that indicated by the round hole in his shirt of about such size as that which might have been caused by a bullet. While it may not be safe to say as a rule of' law that inference can not be added to inference for the purpose of proving a fact
Taking all the circumstances which the testimony in this case tends to establish, there was no better reason to attribute the death of deceased to a wound inflicted by a stray bullet than to attribute it to some of -the maladies which, as is generally known, sometimes produce death in cases of persons apjmrently in good health.
The judgment is affirmed.