MAYER v. NEW YORK LIFE INS. CO.

No. 6502.

74 F.2d 118 (1934)

MAYER v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

December 7, 1934.


Attorney(s) appearing for the Case

George J. Mayer and J. S. Lawton, both of Louisville, Ky., for appellant.

L. T. Wolford, of Louisville, Ky. (Wm. Marshall Bullitt and Middleton Miller, both of Louisville, Ky., on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

The sole legal question involved in this case is whether the death of a passenger killed by the fall of an airplane upon a regularly scheduled trip "resulted * * * from engaging, as a passenger or otherwise, in * * * aeronautic operations."

The facts are not in dispute. The appellee insured the decedent of the appellants under a policy which carried a provision for double indemnity benefit in case of death by accidental means. The policy...

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