Fidelity Mutual Life Insurance Co. v. Wilson

• Decision Date: 16 January 1928
• Docket Number: 120
• Citation: 2 S.W.2d 80,175 Ark. 1094
• Parties: FIDELITY MUTUAL LIFE INSURANCE COMPANY v. WILSON
• Court: Arkansas Supreme Court

2 S.W.2d 80

175 Ark. 1094

FIDELITY MUTUAL LIFE INSURANCE COMPANY v. WILSON

No. 120

Supreme Court of Arkansas

January 16, 1928

Appeal from Clark Circuit Court; James H. McCollum, Judge; reversed.

Case reversed, and remanded.

Joe Hardage and Rose, Hemingway, Cantrell & Loughborough, for appellant.

McMillan & McMillan, for appellee.

OPINION

MEHAFFY, J.

The appellant, on the 29th day of July, 1924, issued a life insurance policy to Howell D. Wilson in the sum of $ 1,000 if he died from natural causes, and $ 2,000 if he died from violent or accidental means, payable to his mother, Marie E Wilson. The policy contained the following clause:

"In case of self-destruction within two years from date of this policy, whether the insured be sane or insane, or if the insured shall die within two years from date hereof as a result, directly or indirectly, of participating in aeronautics or submarine expeditions or operations, then the insurance under this policy shall be a sum equal to premiums herein which have been paid to and received by the company and no more."

The insured died from a pistol-shot wound in the mouth, in the city of Washington, D. C., on the 21st day of June, 1925 while a guest in the Burlington Hotel. The insurance company defended on the ground that he committed suicide. The plaintiff maintained that he came to his death either accidentally or by a shot from some person unknown.

There was a jury trial, and a verdict returned in favor of the appellee against the appellant for $ 2,000, and 6 per cent interest from December 12, 1925, and a judgment for said amount, and, in addition thereto, a judgment for $ 200 as attorney's fees, and $ 240 damages and costs.

Motion for a new trial was filed and overruled, and appeal taken to this court. And, as stated by appellee, the sole question now is, is the verdict of the jury so wholly unsupported by evidence that this court can say that the jury were not warranted in declining to draw the inference that Wilson's death was intentionally self-inflicted? Or, in other words, whether Wilson committed suicide, or whether he was shot accidentally, or shot by some person unknown.

The facts are substantially as follows: Howell D. Wilson was, on the 25th day of May, 1925, confined in the Gallinger Memorial Hospital in Washington, D. C., and remained there under treatment until June 19, 1925, when he was discharged. On the same day that he was discharged from the hospital he went to the Burlington Hotel, in Washington, D. C., and procured a room, and remained there until the 21st day of June, 1925. A telegram came for him, and the bell-boy tried to deliver it, and discovered that his door was locked, and he did not answer the telephone nor the knocks on the door. The bell-boy notified the hotel manager, and the door to the room he occupied was opened, the outer door opened with a latchkey, and the other door was shoved open, one of the beds having been placed against this door. When they entered the room occupied by Wilson he was found on the bed, dead, with a wound in his head. He had been shot through the mouth, and the ball came out on the back part of his head. There was blood on the bed and pillows, but nothing in the room was disarranged, except the bed being against the door. The pistol was on the bed, about three inches from deceased's right hand.

The room occupied by Wilson could be entered from the hall, or from the balcony if the windows or doors were open. Nothing unusual was noticed about Wilson's appearance when he registered at the hotel. On the outside of his door was a card with the words, "Do not Disturb. " There were no powder-burns on his face or lips, and no wounds.

There was considerable testimony by experts about powder-burns and wounds when the gun was held close to the person who was shot, but no one seemed to have had any experience or to know anything about the effect when shot in the mouth. That is, as to whether you could see powder-burns or wounds if one was shot in the mouth, and whether the blood would prevent seeing them. However, no one examined to see what the condition of the mouth was. They only knew that the bullet entered the mouth and came out at the back of the head.

Wilson formerly lived at Arkadelphia, and a number of persons testified about his habits and character while he lived there, and the substance of this evidence was that there was nothing unusual about his character, and that he was not depressed or of a gloomy or morose disposition, but, on the other hand, had a sunny disposition, and there was nothing to indicate that he might commit suicide.

A number of witnesses who examined the body in Washington, D. C., testified that he had been drinking, that he had delirium tremens, and was confined in the hospital from the 25th day of May to the 19th day of June, 1925, and that he was very much concerned about whether or not his mother would find out that he had been confined in this institution, and stated that he was afraid that it would kill her if she did find it out.

There was some conflict in the testimony as to whether he was dressed or undressed when found, and about where the bullet came out of his head. There was no dispute, however, about the pistol having been fired in his mouth.

Wilson had demanded his release, although the doctor suggested that he remain in the institution until some of the representatives of the firm that he was with in New York should come.

As we have stated, he was shot in the mouth, and there were no wounds or powder-burns on his face or lips.

Appellee says in her brief: "The sole question now is, is the verdict of the jury so wholly unsupported by evidence that this court can say that the jury were not warranted in declining to draw the inference that Wilson's death was intentionally self-inflicted?"

Appellee is correct in this statement. The only question is whether Howell D. Wilson committed suicide, and, as stated by appellee, there is a presumption against suicide. If the circumstances under which one came to his death are such that it may have resulted from suicide, and the insurer alleges that fact as a defense, the burden is on it to establish that fact, for the law presumes the insured did not intentionally take his own life.

"And, while in an action on an accident policy the burden is on the plaintiff to show that death was caused by an accident, yet, where it is doubtful from the evidence whether death was caused by accident or by suicide, a presumption arises that an accident and not suicide was the cause of the death. * * * The presumption against suicide will stand and be decisive of the case until overcome by testimony which shall outweigh the presumption." 14 R. C. L. 1236-7.

Among the most important things to be considered in determining whether the death of the insured was caused by suicide are the presence or absence of a motive, physical facts surrounding death, as the place where the body is found, its position, the presence or absence of powder-marks where death was caused by a pistol, the habits and temperament of the insured, and his environment.

Appellee contends, and correctly, that there is a presumption against suicide, and that such presumption stands until overthrown by evidence in favor of the insurer, and calls attention to the case of Grand Lodge of A. O. U. W. v. Banister, 80 Ark. 190, 96 S.W. 742, and the court in that case said, after speaking of the presumption against suicide and stating that the rule was founded upon the natural human instinct or inclination of self- preservation, which renders self-destruction an improbability with a rational being, states:

"This presumption is greatly strengthened in this case by proof as to the habits and character of deceased. He was sober, industrious, and religiously inclined. He was married, and lived happily with his wife, and had never, so far as the proof shows, said or done anything indicating a suicidal tendency, but, on the contrary, almost his last utterance expressed his plans to pursue the even tenor of his life. He went to bed, after preparing himself as usual for a night's rest, and apparently fell asleep. * * * It is not impossible, nor even improbable, that the shooting was accidental. He had a self-acting revolver under his pillow, which he always kept there. He was very nervous and excitable, wakeful, and easily alarmed at night. He may have been suddenly aroused by some noise, grasped the pistol, and, in a half-awakened state, pulled the trigger as he drew the pistol from beneath the pillow. This is neither impossible nor improbable, though, as already stated, it may be more probable that the shooting occurred from design, and we do not, under those circumstances, feel justified in setting aside the conclusion reached by the jury and substituting our own as to the cause of death."

Wilson as shown by the evidence, was not only not sober, but had been drinking to such an extent that he had delirium tremens. He was confined in the hospital for nearly a month. He was depressed, and very much concerned whether his mother should hear of his confinement in this institution, stating that, if she did learn of it, it might kill her. He had just been discharged from the hospital, but was still nervous and depressed, according to the testimony of one of the doctors who saw him after he had...