Mrs. Ada V. SMITH, Plaintiff in Error, v. FEDERAL LIFE INSURANCE COMPANY, Defendant in Error

Mrs. Ada V. SMITH, Plaintiff in Error, v. FEDERAL LIFE INSURANCE COMPANY, Defendant in Error. (Circuit Court of Appeals, Fifth Circuit. November 23, 1925.) No. 4610. In Error to the District Court of the United States for the Northern District of Texas; Wm. H. Atwell, Judge. For opinion below see 6 F.(2d) 283. Henry C. Coke, Alex S. Coke, Rosser J. Coke, and Thomas G. Murnane, all of Dallas, Tex., for plaintiff in error. Lawrence C. McBride and Charles F. O’Donnell, both of Dallas, Tex. (Cockrell, McBride, O’Donnell & Hamilton, of Dallas, Tex., on the brief), for defendant in error. Before WALKER, BRYAN, and FOSTER, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. This is an action on an insurance policy, which provides against loss resulting from death from bodily injury effected through external, violent, or accidental means. The District Court directed a verdict for the insurance company. The facts are very similar to the facts in Carswell v. Railway Mail Association, 8 F.(2d) 612, decided by this court October 21,1925, in which it was held that the plaintiff was not entitled to recover, and the question of law involved is the same. Following the decision in the cited ease, the judgment is affirmed.