Gem City Life Ins. Co. v. Stripling

• Court: Georgia Supreme Court
• Writing for the Court: BELL, Justice.
• Citation: Gem City Life Ins. Co. v. Stripling, 176 Ga. 288, 168 S.E. 20 (Ga. 1933)
• Decision Date: 13 January 1933
• Docket Number: 9045.
• Parties: GEM CITY LIFE INS. CO. v. STRIPLING.

168 S.E. 20

176 Ga. 288

GEM CITY LIFE INS. CO. v. STRIPLING.

No. 9045.

Supreme Court of Georgia

January 13, 1933

Rehearing Denied Feb. 23, 1933.

Syllabus by the Court.

Evidence held as matter of law to require finding that insured's death resulted from suicide within provision of life policy denying recovery.

The evidence disclosed that insured was found alone in his room sitting on side of bed leaning slightly forward with a fresh bullet hole behind his left ear. The pistol was lying on the bed a few inches from his right hand, and it appeared that one cartridge had been fired, and there were powder burns on the scalp adjacent to the wound, and also on the fingers of both hands. There was no evidence of any prior struggle or commotion, and no cause to suspect violence by another person.

There being no conflict in the evidence as to the physical facts connected with the insured's death, and these facts demanding the inference of suicide, and the policy of life insurance sued on in the counterclaim containing a provision that in the event of self-destruction by the insured, whether sane or insane, within two years from the date of the policy the liability of the insurer should be limited to the amount of premiums paid, and it appearing that the death of the insured occurred within two years from the date of the policy, the verdict in favor of the beneficiary for the face amount of the policy was contrary to the evidence and unauthorized as a matter of law, and the court erred in refusing a new trial.

Error from Superior Court, De Kalb County; John B. Hutcheson Judge.

Action by E. W. Stripling against the Gem City Life Insurance Company. There was judgment for plaintiff and an order refusing a new trial, and defendant brings error.

Reversed.

RUSSELL C.J., and ATKINSON, J., dissenting.

Bryan Middlebrooks & Carter, of Atlanta, and B. H. Burgess, of Decatur, for plaintiff in error.

Poole & Fraser, of Atlanta, for defendant in error.

BELL Justice.

On January 16, 1929, Gem City Life Insurance Company issued upon the life of Grover Cleveland Ward a policy of insurance in which Mrs. Eva Ward Stripling was named as beneficiary. After the death of the insured on December 1, 1930, the company filed against Mrs. Stripling a bill in equity in which it sought a cancellation of the policy upon the ground that the insured in his application had made false statements as to several material matters. The defendant filed an answer in which she contended that the policy was not subject to cancellation for any of the reasons alleged, and in which by way of counterclaim she prayed for a recovery of the face amount of the policy, together with interest, attorney's fees, and damages. The jury found a verdict in favor of the defendant upon her cross-action, and the insurance company excepted to the overruling of its motion for a new trial. The verdict amounted to a denial of the equitable relief sought by the plaintiff, and one of the contentions is that the evidence demanded a finding in favor of cancellation. Besides the usual general grounds, the motion for a new trial contained a number of special grounds complaining of errors alleged to have been committed during the trial. It was also contended that the verdict in favor of the beneficiary was contrary to the evidence, because it appeared as a matter of law that the insured came to his death by self-destruction or suicide. The policy provided that in the "event of self-destruction, whether sane or insane, within two years from the date of this policy, the liability of the company shall be limited to the amount of the premiums paid hereon, and no more." After a thorough consideration of the evidence, we have reached the conclusion that the evidence demanded a finding that the insured did commit the act of suicide, as contended by the insurer; and since a ruling to this effect will control the entire case as now presented, no decision will be made upon other questions.

At the time of his death the insured was about 41 years of age, and was employed by his brother Bartow Ward in a grocery store in Eufaula, Ala., and was living in the home of his brother in that city. He was a married man, but had been separated from his wife for several years. A few years before his death he had been in good financial circumstances, but he sustained reverses in business, and at the time of his death was receiving a salary of only $6 per week and board. He would occasionally drink to the extent of intoxication, and was arrested and imprisoned for drunkenness by the marshal of Eufaula on Saturday or Sunday before his death on Monday night. He was released from prison on Monday morning, and his whereabouts was unknown from 10:30 o'clock that morning until shortly before 8 o'clock in the evening, when his brother Bartow in going home saw him on the street, "and he got in the car" and went home with Bartow. Soon after they reached home, Grover Cleveland Ward, the insured, left Bartow and his family and went to his own room. Within a few minutes Mr. and Mrs. Bartow Ward heard a pistol shot, and, on rushing to the room of the insured, found him sitting on the side of the bed, leaning slightly forward, with a fresh bullet hole behind the left ear. The pistol was lying on the bed, a few inches from his right hand, and it appeared that one cartridge had been fired. One or more witnesses testified that the insured was right-handed in the use of a hammer and other instruments of like kind. There were powder burns upon the scalp adjacent to the wound, and also upon the fingers of both hands. According to the testimony of a physician, the bullet entered the left mastoid bone and "was deflected downward, striking the upper plate...