Harlan F. Stone

“ When a man has died in such a way that his death is spoken of as an accident, he has died because of an accident, and hence by accidental means. So courts of high authority have held. Lower v. Metropolitan Life Insurance Co., supra (a case of sunstroke) ”

“ There has been no failure to 'plead facts establishing the liability defined by the policy.'
2. Sunstroke, though it may be a disease according to the classification of physicians, is none the less an accident in the common speech of men. ”

“ The allegations of the complaint show that he was playing golf in the same conditions in which he had often played before. The heat was not extraordinary; the exertion not unusual. By misadventure or accident, an external force, which had hitherto been beneficent, was transformed into a force of violence, as much so as a stroke of lightning. The opinion of the court concedes that death 'from sunstroke, when resulting from voluntary exposure to the sun's rays,' is 'an accident.' Why? ”

“ So the holder of this policy might reasonably assume.
If he had thought about the subject, he might have had his impressions fortified by the ruling of the House of Lords that a workman who suffers a heat stroke has a claim for relief under the Workmen's Compensation Act. Ismay, Imrie & Co. v. Williamson, supra. The British act (6 Edw. 7, c. 58, § 1) gives compensation for personal injury 'by accident' arising out of and in the course of the employment. ”