Mehaffey v. Provident Life & Acc. Ins. Co.
Decision Date | 10 January 1934 |
Docket Number | 130. |
Parties | MEHAFFEY v. PROVIDENT LIFE & ACCIDENT INS. CO. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Henderson County; Clement, Judge.
Action by Annie M. Mehaffey against the Provident Life & Accident Insurance Company. From a judgment in favor of the plaintiff the defendant appeals.
Error.
Where poison in insured's stomach, was natural and probable consequence of ordinary voluntary act, death held not result of "accidental means" within accident policy.
On or about July 1, 1930, the defendant executed and delivered to Mark L. Mehaffey a policy of life and accident insurance covering certain employees of the Southern Railway Company and insuring against "the effects resulting directly and exclusively of all other causes from bodily injury sustained by the insured, solely through external, violent and accidental means (excluding suicide or any attempt thereat while sane or insane)," etc. Mark Mehaffey died July 21, 1930.
A friend of the deceased, who was with him on the morning of his death, said:
The coroner testified that he saw the deceased thirty or forty minutes after his death, and that he performed an autopsy on the body. He said: He further testified that heavy drinking would have probably had that effect on the stomach.
The keeper of the restaurant in which the deceased ate his breakfast testified that the deceased drank only buttermilk on the morning of his death. There was no evidence that the buttermilk was deleterious or unwholesome. There was abundant evidence, however, that for some time prior to his death the deceased had been drinking heavily. A witness said that on the Sunday preceding his death Another associate of deceased testified that on Monday evening before he died on Tuesday the deceased had had two small drinks There was also evidence that on a fishing trip a few days before his death the deceased was under the influence of liquor. He was able to go about and go to bed by himself. The physician at the drug store where the deceased stopped a few minutes before his death testified that
Dr. Millender, who was present at the time the autopsy was made by the coroner, testified: There was no evidence that the deceased had been drinking on the morning of his death, and there was no odor of whisky upon his breath.
The coroner, who was a practicing physician, testified that from the post mortem examination he had an opinion satisfactory to himself as to the cause of the assured's death. Thereupon the court propounded the following question: "You can tell what he died from in your opinion?" and the witness replied: "He died from some poisonous substance taken internally."
The following issue was submitted to the jury: "Did the assured, Mark L. Mehaffey, die from effects resulting directly and exclusively of all other causes from bodily injuries sustained by him solely through external, violent and accidental means, as alleged in the complaint?"
The jury answered the issue "Yes," and, upon the verdict, judgment was rendered against the defendant for $2,000 indemnity provided in the policy, and the defendant appealed.
Zeb F. Curtis, of Asheville, and John A. Chambliss, of Chattanooga, Tenn., for appellant.
Redden & Redden and Shipman & Arledge, all of Hendersonville, for appellee.
Was the opinion of the coroner based upon the post mortem examination, that the assured died "from some poisonous substance taken internally," sufficient evidence to warrant recovery upon the policy and ward off a nonsuit?
The evidence discloses that for some time prior to his death the deceased had been drinking heavily and continuously. There was no evidence that the deceased had taken a drink on the morning of his death, but he had been to a café and consumed a glass of buttermilk. All the evidence was to the effect that the buttermilk was wholesome. Shortly after drinking the buttermilk, the deceased vomited and went to a drug store, where a physician administered pepsin and soda. All the evidence was to the effect that the pepsin and soda were harmless. Thirty minutes thereafter the insured was dead.
The theory advanced by the plaintiff is that the deceased was poisoned either by the buttermilk or the liquor which he had been drinking. An examination of the evidence, however, discloses no evidence of poisoning, except the statement of the coroner that in his opinion the insured died from some "poisonous substance taken internally."
The liability clause of the policy of insurance rested upon death or injury "solely through external, violent and accidental means." Therefore, in order to warrant recovery for death in such event, such death must not only be accidental but must be produced by "accidental means."
There is abundant authority for the proposition that death caused by inadvertent poisoning or by taking poison through mistake constitutes "accidental means" within the meaning of clauses similar to the one forming the basis of this suit. The law bearing upon the subject may be found in Calkins v. National Travelers' Benefit Association, 200 Iowa, 60, 204 N.W. 406, 41 A. L. R. 363; Christ v. Pacific Mutual Life Ins. Co., 312 Ill. 525, 144 N.E. 161, 35 A. L. R. 730; Olinsky v. Railway Mail Asso., 182 Cal. 669, 189 P. 835, 14 A. L. R. 784; Aetna Life Ins. Co. v. Brand (C. C. A.) 265 F. page 6, 13 A. L. R. 657; U.S. Mutual Accident Asso. v. Barry, 131 U.S. 121, 9 S.Ct. 755, 762, 33 L.Ed. 66. See, also, Harris v. Ins. Co., 204 N.C. 385, 168 S.E. 208. The interpretation of the term "accidental means" is not uniform, but in large measure the judicial variability arises from the dissimilarity of facts involved.
The interpretation given in the Olinsky Case, supra, is as follows: It may be treated as established by the great weight of authority that an injury is not produced by accidental means where it is the direct, though unexpected, result of an ordinary act in which the insured intentionally engages. The Barry Case, supra, states the principle in these words: "That if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual, occurs which produces the injury, then the injury has resulted through accidental means."
Upon consideration of these authorities and others of like import it seems that "accidental means" implies "means" producing a result which is not the...
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