App.] Commonwealth Cas. Co. v. Wheeler. main question presented here is relieved of much difficulty. Recurring to Section 5, which provides that "if loss of life shall * * * result solely from sunstroke, freezing or hydrophobia, due directly to 'such injury,' or if loss of life shall result solely from accidental drowning, the company will pay the full original principal sum," all of these several questions are enumerated in the same paragraph in said section, for either of which said policy provides that the company shall be liable for said sum in case of accidental death. It might well be asked why these specified causes were inserted in and made a part of the insurance contract unless they were to be complied with, and, if not complied with, why they should not be enforced in case of death by accident the same as any other provisions of said contract. Why was freezing inserted in said policy unless it was intended to be among the risks assumed by said company and therein named as a form of bodily injury, if in the construction of the policy, as now argued, it is to be considered something other than a risk and therefore not embracing any element of bodily injury? In this connection, and in addition to the quotation from Wood on Insurance already given, we herewith also quote from the opinion in Pack v. Prudential Casualty Co., 170 Ky., 47, which was an accident insurance. case in which the policy issued by the company contained similar provisions to the policy here sued on, including freezing. The judge announcing the opinion of the court in that case, in commenting on the clause in the policy providing for indemnity Commonwealth Cas. Co. v. Wheeler. [13 Ohio against accident, and the object of the insured in taking out said policy, says at page 54: "Unless the clause in this contract providing indemnity against sunstroke is construed to embrace cases like the one we have, it is deceptive and misleading and fails to afford the protection its reading implies. If an insured who should suffer sunstroke when engaged in his usual occupation or in doing the things he usually does, is not to be protected by this clause in the policy, it has little beneficial meaning, for, according to the construction contended for, the insured would not be protected in any state of case unless the sunstroke happened while the insured was by accident or misfortune involuntarily placed in a position or surrounded by conditions that would subject him to the rays of the sun in an unexpected and unforeseen manner. "It is of course true that sunstroke suffered in this way would be accidental, but not more so than would sunstroke suffered under ordinary conditions when it could not be reasonably anticipated or foreseen that it would happen. "The very purpose of accident insurance is to protect the insured against accidents that occur when he is going about his business or attending to his work or affairs in the usual way without any thought of being injured or killed, and when there is no probability, in the ordinary course of human experience, that he will meet with accident or death. The reason why men secure accident insurance is to protect them against unforeseen and unexpected accidents that may happen in the ordinary course of their lives and when they are pursuing in the usual way their daily vocations, or doing in the App.] Commonwealth Cas. Co. v. Wheeler. ordinary way the things that men do in the common, every-day affairs of life. "Nearly all accidents happen when people are going about their business in the usual way and are voluntarily doing the things before them to do. There are many clauses in this policy protecting the insured against accidental injury or death, and if the argument of counsel is sound when applied to the sunstroke clause in the policy, there seems no good reason why the construction contended for should not embrace all the other indemnity features, with the result that the insured would find himself without protection against the very things for which he secured the insurance as indemnity." To our minds, freezing was designated as one of the risks covered by said policy. Without extending this discussion further, it is sufficient to say that in our judgment these different clauses were inserted in the policy for a purpose-for the protection of the insured-and relying on the company's written promise to pay the full indemnity in case of accidental death, the policy was accepted and the premium due thereon was paid by the decedent. Although it appears that the decedent was up to the time of his sudden death engaged in his usual business and work, returning to his home on the day in question, as was his privilege, with no antecedent physical injury suffered by him on said day or before, so far as the testimony shows, yet counsel for the company urge that he voluntarily and knowingly exposed himself to the intense cold and did just what he intended to do— returned to his home when he knew of the state of the Commonwealth Cas. Co. v. Wheeler. [13 Ohio weather, and thereby invited the result which befell him. True it is reasonable to suppose that he knew of the state of the weather in view of his going to work that morning, but it appears also that he was comfortably clothed with reference to such weather, and for aught that appears he may have walked the same distance under like conditions of weather before that time. In their brief, counsel for plaintiff in error quote the following from what is known as the cold plunge bath case, New Amsterdam Casualty Co. v. Johnson, Admx., 91 Ohio St., 155, as tending to show that death was not caused by "accidental means," wherein Chief Justice Nichols, in announcing the opinion of the court, says at page 159: "The attending physician in the case at bar says that the result which followed the bath, while unusual, was yet the direct and natural effect of the voluntary immersion of the body of the insured. The insured did nothing but that which he intended. to do. He planned for and deliberately entered on the project, and, so far as appears, it was carried out precisely as intended. He did not slip or fall." The principles of law applicable to the foregoing case are not, in our judgment, applicable to the case at bar. There the insured, after being out horseback riding, on returning to his home, took a cold plunge, as had been his custom, and in consequence of the shock caused to his system, by contact externally of the cold water in said plunge with his body, an acute dilation of the heart followed for several weeks. It will thus be seen that the insured in that case deliberately planned and created the condition that caused his death, a different condi App.] Commonwealth Cas. Co. v. Wheeler. tion from the case before us and clearly distinguishable from it, as we see it. Here the undisputed testimony is that the insured was returning to his home from his place of employment in his usual way, apparently unconscious of any danger from any exposure to the cold, with no apprehension of injury on that account, and doing nothing under his control to invite accident or injury, before he was stricken, as stated. His exposure to the cold may have been voluntary, but the result was wholly unexpected and did not follow as the "usual effect of a known cause." It was not the "natural and probable consequence" thereof as was held in U. S. Mut. Accident Assn. v. Barry, already cited. See also U. S. Mut. Accident Assn. v. Hubbell, 56 Ohio St., 516. In the course of the hearing we were not cited by the plaintiff in error to any adjudicated case involving accidental death from freezing, nor have we been able to find any such reported case, but the following cases of sunstroke were cited, which in principle, in our judgment, are analogous to the case at bar and contain a statement of the law applicable to such case, and are of controlling effect, although it is but proper to state that courts in different jurisdictions in their holdings on this subject are not uniform, which is especially true as between the federal and state courts. In Gallagher v. Fidelity & Casualty Co., (163 App. Div., 556), 148 N. Y. Supp., 1016, which was a case of sunstroke, the company issued its policy of accident insurance insuring the person named therein "against bodily injury * through accidental means (excluding suicide, sane or in |