SAWTELLE, Circuit Judge.
Some years prior to this controversy, defendant-appellee issued a policy of accident insurance on the life of one Alice Howes, now deceased. The said deceased was found dead on the morning of October 20, 1932, in the bathroom of her home, with her body lying over the side of the bathtub; "the lower part of her body being outside of the tub and her hands and a portion of her arms and her face in the water in the tub, which was about half filled...
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