Connecticut Mut Life Ins Co of Hartford v. Akens
Decision Date | 04 December 1893 |
Docket Number | No. 100,100 |
Citation | 14 S.Ct. 155,150 U.S. 468,37 L.Ed. 1148 |
Parties | CONNECTICUT MUT. LIFE INS. CO. OF HARTFORD v. AKENS |
Court | U.S. Supreme Court |
Statement by Mr. Justice GRAY:
This was an action of assumpsit, brought January 14, 1888, by the executor of Archibald O. Smith, both citizens of Pennsylvania, against a life insurance company, a corporation of Connecticut, upon a policy of insurance, dated January 14, 1887, on Smith's life, in the sum of $10,000, payable in 'thirty days after due notice and satisfactory evidence' of his death, and upon the express conditions that 'the following risks are not assumed by this company under this contract,' and that 'in each and every of the foregoing cases this policy shall become and be null and void.' One of those risks and cases was as follows:
The declaration, after setting out the policy, alleged that Smith died on February 23, 1887, having paid all the premiums, and complied with all the requirements of the policy; and that on March 16, 1887, good and sufficient proof of his death was made to the defendant.
The defendant pleaded nonassumpsit, with an affidavit of defense that Smith's death was a self-destruction, or suicide, the direct result of laudanum poison, administered by him to himself for the purpose and with the effect of causing his death, and contrary to the provision of the policy.
The plaintiff filed a replication, denying these allegations, and alleging that, if Smith's death was a self-destruction, it was the direct result of disease or of accident occurring without his voluntary act, and without any purpose or intention of self-destruction or suicide; and his reasoning faculties at the time of taking the poison were so far impaired that he was not able to understand the moral character, or the nature, consequence, and effect of the act he was about to commit, and it was not contrary to the provision of the policy.
At the trial the plaintiff gave in evidence the policy and formal proof of death, as alleged in the declaration, and rested his case. The defendant then introduced evidence tending to support the defense pleaded. The plaintiff then introduced evidence tending to show that Smith's reasoning faculties at the time he took the poison were so far impaired that he was not able to understand the moral character, and the nature, effect, and consequence of the act he was about to commit; but, other than this, offered no evidence tending to show that his death was the direct result of disease or of accident occurring without his voluntary act.
Upon this evidence the defendant requested the court to instruct the jury as follows:
'First. If the jury believe from the evidence in the case that Smith, the insured, destroyed his own life, and that at the time of the self-destruction he had sufficient capacity to understand the nature of the act which he was about to commit, and the consequences which would result from it, then, and it that case, the plaintiff cannot recover on the policy sued on in this case.
'Second. If the jury believe from the evidence that the self-destruction of the said Smith was intended by him, he having sufficient capacity at the time to understand the nature of the act which he was about to commit, and the consequences which would result from it, then, and in that case, it is wholly immaterial in the present case that he was impelled thereto by insanity, which impaired his sense of moral responsibility, and rendered him, to a certain extent, irresponsible for his action.
'Third. If the jury believe from the evidence that Smith's life was ended February 23, 1887, by means of laudanum poison, administered by himself to himself, the plaintiff cannot recover on the policy sued upon in this case, unless the jury believe also from the evidence that the self-destruction aforesaid of said Smith was the direct result of disease or of accident occurring without his voluntary action.
'Fourth. Under all the evidence in this case, the verdict of the jury should be for the defendant.
The court declined to give the first, second, and fourth instructions requested, and upon the third request instructed the jury as follows:
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