Merrett v. Preferred Masonic Mut. Acc. Ass'n
| Decision Date | 05 January 1894 |
| Citation | 98 Mich. 338,57 N.W. 169 |
| Parties | MERRETT v. PREFERRED MASONIC MUT. ACC. ASS'N OF AMERICA. |
| Court | Michigan Supreme Court |
Error to circuit court, Lenawee county; Victor H. Lane, Judge.
Action by Ann Merrett, as administratrix of the estate of Joseph A Merrett, deceased, against the Preferred Masonic Mutual Accident Association of America, on an accident insurance policy issued by defendant to deceased. There was a judgment entered on the verdict of a jury in favor of plaintiff, and defendant brings error. Reversed.
Frank T. Lodge, for appellant.
Wood & Bird, for appellee.
Deceased a painter, employing men, got up early to commence a job. While his wife was preparing breakfast, he went to the privy where he was soon after found dead, upon the floor, by his wife, who testifies that she found a rope about three feet long, with a knot in it, the knot being under his neck. Other testimony showed that the neck was bruised or discolored, and there was a three-cornered bruise upon the right temple. A brick was kept in the privy, which was there at the time, to keep the door shut. The door was shut when he was found. Some witnesses testified that there was a discolored ring around his neck. Others did not see this. The privy was eight or ten rods from the house, and there was no evidence that any other person was seen upon the premises. Evidence was offered showing that a short time previous he had been struck over the eye by a person who used brass knuckles, by which blow he was seriously injured. Witnesses differed as to which side of the face this injury was upon. An autopsy showed ecchymosis of the brain. There appears to have been no investigation of other organs than the brain. The size of the privy was 6 by 5 feet, and the distance from seat to door was 22 inches. Plaintiff's theory seems to be that the blow over the eye caused death. If this be accepted as true, we must then look for the cause of the blow. Among the possible theories are the following: (1) That some person struck him. (2) That he struck himself with the brick, with suicidal intent. (3) That he fell upon the brick (a) after hanging himself; (b) by falling in a faint; (c) by falling in a fit of apoplexy; (d) by falling from heart failure. While these are all within the bounds of reasonable conjecture, there is but little evidence in the case to justify a jury in deciding which was the cause. What there is favors the...
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