ACCIDENT INSURANCE   499

into water to his death, and where one mistakenly and fortuitously loses his way in the forest and thereby falls, a victim of tl g.e4ements.

The case nearest in point which has come to our attention is North West ('onl. Tray-. Assn v. London Guarantee & Accident Co., 10 Manitoba 537. There the insured froze to death as a result of the breaking down of a conveyance in which the was riding and of the enforced exposure to storm and cold, and it was held that his death was caused through external, violent, and accidental means.

Richards v. Insurance Co., 38 l"tall 622 (200 Pac. 1017, 17 A. L. R. 1183), involved a policy insuring against loss, etc., through accidental means. Insured was going to the desert to inspect a mine. He was not met by horses as expected and was compelled to make the journey on foot, and, misinformed of the distance, did not take water enough. lle suffered sunstroke and died. We quote from the opinion :

"If the sunstroke in the present case was not, in and of itself, an accidental means, as we think it was, it, nevertheless, according to the undisputed evidence, resulted from accidental cause."' * * *

"In a provision of an accident insurance policy restricting the liability to injuries effected through external, violent, and accidental means, the term `external' refers to the means of the injury and not to the injury itself, and the fact that an injury is accidental and unnatural, naturally imports an external and violent agency as its cause. Dezell v. Casualty Co., 176 Mo. 253 (75 S. W. 1102, 1105)." 2 Words and Phrases (2d Series), 417.

Reversed, with costs to plaintiff. As the question is of law, the cause is remanded for judgment in favor of plaintiff for the full amount.

FLANNIGAN, C. J., and FELLowS, WIEST, BIRD, and SIIARPE, JJ.,

concurred.

The late Justice SNOW and Justice MCDONALD did not sit.22

21 There are many eases holding that death resulting from sunstroke or heat prostration is an accidental death. See e.g. Higgins v. Midland Casualty Co. (1917) 281 Ill. 431, 118 N. E. 11, Note (1918) 13 Ill. L. Rev. 133, Comment (1918) 16 Mich. L. Rev. 453; Richards v. Standard Ace. Ins. Co. (1921) 58 Utah 622, 200 Pac. 1017, 17 A. L. R. 1183, Comment (1922) 20 Mich. L. Rev. 674, and the cases discussed in the following comments (1916) 16 Colum. L. Rev. 426, (1921) 31 Tale L. J. 562, (1930) 8 Tex. L. Rev. 432. See also 17 A. L. R. 1197 and 61 A. L. R. 1197. It has been held, however, that sunstroke is a disease and not an accident. Dozier v. Fidelity 3e. Co. (1891) 46 Fed. 446, 13 L. R. A. 114.

22 See comments on this ease (1928) 13 Iowa L. Rev. 354, 26 Mich. L. Rev. 819. For other cases in accord see 58 A. L. R. 1211 and 8 A. L. R. 231.

The insured after seeing a man burned to death died of apoplexy. His death was held accidental in International Travelers Assn. v. Branum (1914, Tex. Civ. App.) 169 S. W. 389, Comments (1914) 28 Harv. L. Rev. 209, (1914) 24 Yale L. J. 83, but the ease was reversed in (1919) 109 Tex. 543, 212 S. W. 630 be-cause of insufficient evidence.

One who died of circulatory failure and paralysis of the heart brought on by physical exertion in rarified atmosphere of a mountain resort did not die by "ac cidental means" since he died from what he intended to do. Schmid v. Indiana