Barham v. State Life Ins. Co. of Indiana

• Citation: 17 La.App. 253,135 So. 730
• Decision Date: 14 July 1931
• Docket Number: 4058
• Court: Court of Appeal of Louisiana — District of US
• Parties: BARHAM ET AL. v. STATE LIFE INS. CO. OF INDIANA

135 So. 730

17 La.App. 253

BARHAM ET AL. v. STATE LIFE INS. CO. OF INDIANA

No. 4058

Court of Appeals of Louisiana, Second Circuit

July 14, 1931

Appeal from Third Judicial District Court, Parish of Lincoln. Hon E. L. Walker, Judge.

Action by Clem C. Barham et al. against State Life Insurance Company of Indiana.

There was judgment for defendant, and plaintiffs appealed.

Judgment affirmed.

J. W Elder, of Ruston, attorney for plaintiffs, appellants.

Barksdale Warren & Barksdale, of Ruston, attorneys for defendant appellee.

OPINION

DREW, J.

Plaintiffs, alleging that they are the sole heirs at law of W. F. Barham, deceased, sued the defendant company on a life insurance policy for $ 1,000, the policy being for $ 1,000, with a provision for double indemnity in certain events.

Defendant paid the principal sum, but refused to pay the extra $ 1,000 on the ground that the deceased's death, though violent and external, was not accidental. The provision of the policy under which the plaintiffs claim reads as follows:

"During the premium paying period of this policy and excluding any time while the same may be in force as extended insurance, all premiums having been paid, and this policy being then in force, in the event of the death of the insured, resulting from bodily injury, sustained and effected directly through external, violent and accidental means (murder or suicide, sane or insane, not included) exclusively and independently of all other causes, provided such death shall occur within ninety (90) days from the date of the accident, the company will pay to the beneficiary or beneficiaries hereunder, in addition to the amount otherwise due, under the policy, the sum of one thousand dollars."

The evidence introduced showed that deceased was working for a man by the name of Burt and came home on this occasion about night and in a seemingly bad humor. Burt told him to come to supper, and Barham replied that he did not want supper, but more land. Burt told him that he could not get more land. Barham (the deceased) then picked up a poker which Burt took away from him. The latter turned to go into the other room, and when he looked around, Barham had a shotgun drawn on him. Burt made a dive for him and heard the gun go off. He reached Barham, twisted the gun out of his hand, and began to hit him over the head with it and knocked him down several times; Barham getting up and fighting back, but finally remaining down.

From the coroner's evidence, Barham's skull seemed crushed when he arrived at Burt's house about two hours later and found Barham dead. There were no witnesses to the fight, and Burt's testimony as to what occurred is all the evidence there is. The only question seemed to be as to whether Barham fired the gun or not, as the doors were closed and only one window...