474   3IATURITY OF THE POLICY

dental killing of one's self) during the first two insurance years, whether the insured be sane or insane, the insurance under this policy shall be a sum equal to the premiums thereon which have been paid to and received by the company." * * *

There was some evidence to go to the jury—slight, but sufficient—that the injury was accidental. This was a question for the jury.

From the entire record we can find no error in law.

No error.9

(4) Proof Required.

GARBT SH v. NEW YORK LIFE INS. CO.

Supreme Court of Minnesota, 1927. 172 Minn. 98, 214 N. W. 795.

Action by Minnie Garbush against the New York Life Insurance Company. Verdict for plaintiff. From an order denying a new trial, defendant appeals. Affirmed. * * *

STONE, J. Appeal by defendant from an order denying a new trial, after verdict for plaintiff, in an action to recover, under a policy of life insurance, the added indemnity for death because of "external, violent, and accidental cause," self-destruction expressly excluded.

The verdict reflects the view that the death was accidental. The main question here is whether that conclusion is sustained by the evidence. The brief facts are these: The deceased was a hard-ware merchant at Stillwater, the store facing the main street in its busiest section. He was in good health, except that recent symptoms made an operation for appendicitis seem imminent. There is no evidence that he was much in dread of that. His business was reasonably prosperous, and his home life seemingly quite ideal. The deceased came to his death early oh a Saturday evening in April, 1926, in his store, then open for business and in charge of himself and his wife. Mrs. Garbush, from the rear room, heard a shot which called her at once to the front. There, behind and at the end of a counter next the show window, she found her husband dead or dying from the effects of a bullet wound just received. The weapon was a .32 caliber automatic pistol, which had been the property of and more or less used by the deceased for some time. To what extent he was careful and expert in the handling of it or familiar with its mechanism was a question for the jury.

9In Freeman v. Metropolitan Life Ins. Co. (1926) 35 Ga. App. 770, 134 S. E. 639, Comment (1927) 25 Mich. L. Rev. 308 "by his own hand or act" was held not to include accidental death. For further cases, see 39 A. L. R. 1088.