Marsh v. Pioneer-pyramid Life Ins. Co, No. 13936.
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | C. T. GRAYDON |
| Citation | 176 S.E. 878 |
| Docket Number | No. 13936. |
| Decision Date | 05 November 1934 |
| Parties | MARSH. v. PIONEER-PYRAMID LIFE INS. CO. |
176 S.E. 878
MARSH.
v.
PIONEER-PYRAMID LIFE INS. CO.
No. 13936.
Supreme Court of South Carolina.
Nov. 5, 1934.
Appeal from Common Pleas Circuit Court of Cherokee County; W. H. Townsend, Judge.
Action by Mrs. Alma Ione Marsh against the Pioneer-Pyramid Life Insurance Company. From an adverse judgment, defendant, appeals.
Affirmed.
Wolfe & Fort, of Gaffney, and Mann & Plyler, of Greenville, for appellant.
G. W. Speer, of Gaffney, for respondent.
C. T. GRAYDON, Acting Associate Justice.
This was an action on the part of the plaintiff, the beneficiary of a policy in the sum of $3,000, issued upon the life of her husband, Clarence E. Marsh. The policy was issued on December 29, 1932, and Clarence E. Marsh died on January 17, 1933. The case was tried before Hon. W. H. Townsend and a jury on November 17, 1933, and resulted in a verdict for the plaintiff for the amount of the policy.
The policy was for $3,000 in case of the death of the assured and $6,000 in case of his death by violent, external, and accidental
[176 S.E. 879]moans. The complaint was in usual form, suing upon the policy for the face amount thereof, to wit, the sum of $3,000. The answer of the defendant alleges a provision of the policy known as paragraph 12, subd. (d), which reads as follows:
"If the insured shall, within two (2) years from the date hereof, die by his own hand or act, whether sane or insane, or, as the result of the violation of law, the only amount payable hereunder shall be a sum equal to the premiums paid hereon, with interest at the rate of six (6%) per cent. per annum."
The defendant further alleged in its answer that the insured died as the result of his own act by throwing himself upon the railroad tracks of the Southern Railroad under the cars of a moving passenger train and offered to return the premium paid, with interest at the rate of 6 per cent. per annum as provided in the policy and seeks to avoid payment on this ground. It appears from the testimony that the body of the insured was found crushed on the tracks of the Southern Railroad, evidently by the wheels of a train. The insured conducted a meat market and had left the market a few moments before his body was found. There is no testimony as to any motive for his taking his own life, nor is there any evidence of any threats or any statements that he made indicating his purpose to take his own life. No one actually saw the insured when he was killed.
At the conclusion of the testimony, the plaintiff made a...
To continue reading
Request your trial
-
Rast v. Mutual Life Ins. Co. of New York, No. 4604.
...plead it and establish it by the preponderance of evidence"; and in Marsh v. Pioneer Pyramid Life Ins. Co., 174 S.C. 59, page 63, 176 S.E. 878, 879, where the suit was brought on a double indemnity policy and the plaintiff sought to recover only the face of the policy, the court said "it wa......
-
Mcmillan v. Gen. Am. Life Ins. Co, No. 15090.
...a strong suspicion that Gibson had been killed by a certain person. In the case of Marsh v. Pioneer-Pyramid Life Ins. Co, 174 S.C. 59, 176 S.E. 878, 879, this Court said: "* * * This presumption alone was sufficient to carry the case to the jury under the evidence in the case. * * *" (Itali......
-
Nichols v. Craven, No. 16791
...166 S.E. 629; O'Barr v. Pioneer Life Ins. Co., 172 S.C. 72, 172 S.E. 769; Marsh v. Pioneer-Pyramid Page 382 Life Ins. Co., 174 S.C. 59, 176 S.E. 878; Morrison v. South Carolina State Highway Department, 181 S.C. 258, 187 S.E. 344. In Marshall v. Charleston & S. Ry. Co., 57 S.C. 138, 35 S.E.......
-
Sellars v. Collins, No. 16037.
...167 S.C. 500, 166 S.E. 629; O'Barr v. Pioneer Life Ins. Co, 172 S.C. 72, 172 S.E. 769; Marsh v. Pioneer-Pyramid Life Ins. Co, 174 S.C. 59, 176 S.E. 878; Morrison v. South Carolina State Highway Department, 181 S.C. 258, 187 S.E. 344. In Marshall v. Charleston & S. Ry. Co, 57 S.C. 138, 35 S.......
-
Rast v. Mutual Life Ins. Co. of New York, No. 4604.
...plead it and establish it by the preponderance of evidence"; and in Marsh v. Pioneer Pyramid Life Ins. Co., 174 S.C. 59, page 63, 176 S.E. 878, 879, where the suit was brought on a double indemnity policy and the plaintiff sought to recover only the face of the policy, the court said "it wa......
-
Mcmillan v. Gen. Am. Life Ins. Co, No. 15090.
...a strong suspicion that Gibson had been killed by a certain person. In the case of Marsh v. Pioneer-Pyramid Life Ins. Co, 174 S.C. 59, 176 S.E. 878, 879, this Court said: "* * * This presumption alone was sufficient to carry the case to the jury under the evidence in the case. * * *" (Itali......
-
Nichols v. Craven, No. 16791
...166 S.E. 629; O'Barr v. Pioneer Life Ins. Co., 172 S.C. 72, 172 S.E. 769; Marsh v. Pioneer-Pyramid Page 382 Life Ins. Co., 174 S.C. 59, 176 S.E. 878; Morrison v. South Carolina State Highway Department, 181 S.C. 258, 187 S.E. 344. In Marshall v. Charleston & S. Ry. Co., 57 S.C. 138, 35 S.E.......
-
Sellars v. Collins, No. 16037.
...167 S.C. 500, 166 S.E. 629; O'Barr v. Pioneer Life Ins. Co, 172 S.C. 72, 172 S.E. 769; Marsh v. Pioneer-Pyramid Life Ins. Co, 174 S.C. 59, 176 S.E. 878; Morrison v. South Carolina State Highway Department, 181 S.C. 258, 187 S.E. 344. In Marshall v. Charleston & S. Ry. Co, 57 S.C. 138, 35 S.......