1. Where one person injures another, and the injury is not the result of misconduct or provocation by the injured person, but is unforeseen by him, it is as to him an accident within the meaning of an accident policy insuring him against bodily injuries effected through external, violent, áncl accidental means. Travelers Insurance Co. v. Wyness, 107 Ga. 584 (3), 589 (34 S. E. 113); American Accident Co. v. Carson, 99 Ky. 441 (36 S. W. 169, 34 L. R. A. 301, 59 Am. St. R. 473).
2. A provision contained in an accident-insurance policy of the character
(a) In the case of Utter v. Travelers’ Insurance Company, supra, the policy sued on contained the following exception: “This insurance shall not be held to extend to disappearances, nor to any case of death or personal injury, unless the claimant under this policy shall establish, by direct or positive proof, that the said death or personal injury was caused by external violence and accidental means, and was not the result of design, either on the part of the insured or of any other person.” The use of the word “design,” as thus employed, does not render the exception contained in that policy substantially different from that involved in the present case.
3. Applying the law as indicated in the preceding notes, it was error to dismiss the petition on general demurrer.
Judgment reversed.