OTERO 71. MARYLAND CASUALTY COMPANY.

der existing conditions the occasions when the Executive Order referred to can be invoked must be few, and these few must continue to grow fewer. To invoke the admiralty practice and laws of Colombia in an action between citizens of the United States, for an injury committed upon the high seas, would seem too untenable to, be considered.
The case of Western Fuel Company vs. Garcia, decided by the Supreme Court of the United States, quoted by plaintiff, is decidedly against his contention.
Let the demurrer be sustained, and leave given to the plaintiff to file an amended petition showing cause, if she can, why her action was not instituted within the statutory period of 1 year.
OTERO versus MARYLAND CASUALTY COMPANY.
(District Court, Canal Zone, Balboa Division, January 27, 1923.) Civil No. 524.
1. ACCIDENT INSURANCE. CONTRACT. PLEADING CONDITIONS
PRECEDENT.
In a suit on a policy of accident insurance, where the policy is set out as a part
of the complaint, it is sufficient for a plaintiff to allege generally that the plaintiff has complied with or performed the conditions precedent contained in the contract binding upon him, without alleging definitely the acts performed by him.
2. PLEADING. DEMURRER. WHAT CONSIDERED.
An original complaint was filed and afterwards an amended complaint. The
action was begun when the original complaint was filed but the amended complaint does not show when the original complaint was filed. On demurrer to the amended complaint the court can not consider any fact shown by the original complaint or the records or files other than the amended complaint
and the demurrer thereto.
3. WORDS AND PHRASES. "IMMEDIATELY."
The wordl "immediately" used in aa accident policy relating to disability entitling
plaintiff -to recovery, means "presently and without any substantial interval of time." It does not mean "a reasonable time," and it is held that an injury which did not produce disability for 16 days was not an "immediate" disability.
Attorneys for plaintiff, Todd and McIntyre and C. P. Fairman.
Attorney for defendant, Felix E. Porter.
WALLINGFORD, District judge. Tge following order relates to a demurrer interposed by the defendant, Maryland Casualty Company of Baltimore, Md., to the complaint of Miguel A. Otero for indemnity for personal injuries resulting in his alleged total disability, and which action is based on defendant's accident insurance policy issued to him.