WEYERHAEUSER AND OTHERS v. EVANS.

(1932) 43 Ll L Rep 62

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Insurance (accident) - Death of assured from septic‘mia following infection by staphylococci originating in a pimple -Policy covering "any bodily injury by accident, which shall . . . directly cause the death of the assured" -Claim by administrators-"This policy does not cover death directly or indirectly caused or contributed to by . . . disease or natural causes . . . nor does it cover death directly or indirectly resulting from medical or surgical treatment" - Whether original occurrence of pimple was an "accident" - Plaintiffs' evidence that pimple was treated by friend; and that such treatment broke the tissues and accidentally caused the infection - Held, that there was no evidence showing that there was any accident or accidental injury causing the pimple; that it was not satisfactorily shown that the pimple was in fact treated by the friend, as alleged; that, even if it was so treated, it was not satisfactorily shown that that treatment was the cause of infection; and that therefore the plaintiffs had not discharged the onus of showing that the death of the assured was due to bodily injury by accident-Claim dismissed.