Shank v. The United Brethren Mutual Aid Society
| Decision Date | 04 June 1877 |
| Citation | 84 Pa. 385 |
| Parties | Shank <I>versus</I> The United Brethren Mutual Aid Society. |
| Court | Pennsylvania Supreme Court |
Before AGNEW, C. J., SHARSWOOD, MERCUR, GORDON, PAXSON, WOODWARD and STERRETT, JJ.
Error to the Court of Common Pleas of Lebanon county: Of May Term 1877, No. 202.
A. R. Boughter, for plaintiff in error.—The mere fact of death in an unknown manner creates no presumption of suicide; upon evenly balanced testimony the law assumes innocence rather than crime, and preponderating evidence is necessary to establish the latter: Continental Ins. Co. v. Delpeuch, 1 Norris 225.
The burthen of proving suicide is upon the party who alleges it: Nimick v. Mutual Life Ins. Co., 10 Am. Law Reg. N. S. 101; Bliss on Life Insurance 624.
In the absence of motive there was a strong presumption that the death was accidental and the evidence submitted should not have gone to the jury.
John Benson, for defendant in error.—It was for the jury to determine under the circumstances of this case whether the deceased had committed suicide: Wenrich & Co. v. Heffner, 2 Wright 207; Express Co. v. Wile, 14 P. F. Smith 201; McKee v. Bidwell, 24 P. F. Smith 218.
The judgment of the Supreme Court was entered June 4th 1877, PER CURIAM.
Suicide is a question of intention to be inferred from the circumstances where no direct evidence exists. The circumstances in this case were sufficient to go to the jury on this question. Indeed there was no other means of determining the intention of the alleged suicide.
Judgment affirmed.
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......Co. v. Hogan,. 80 Ill. 35; Mutual Benefit Life Ins. Co. v. Daviess,. 87 Ky. 541, 9 S.W. 812; Shank v. United Brethren. Soc., 84 Pa. 385; Continental Ins. Co. ......
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