Muse v. Interstate Life & Accident Co
| Decision Date | 15 October 1932 |
| Docket Number | No. 22203.,22203. |
| Court | Georgia Court of Appeals |
| Parties | MUSE. v. INTERSTATE LIFE & ACCIDENT CO. |
Syllabus by Editorial Staff.
220.
Error from Superior Court, Floyd County; James Maddox, Judge.
Suit by L. B. Muse against the Interstate Life & Accident Company. Judgment for defendant, plaintiff's motion for a new trial was overruled, and plaintiff brings error.
Affirmed.
Porter & Mebane, of Rome, for plaintiff in error.
Maddox, Matthews & Owens, of Rome, for defendant in error.
Syllabus Opinion by the Court.
The Interstate Life & Accident Company issued a policy of life insurance to Ralph Fields, the beneficiary therein being Lillie Belle Muse. The insured died as a result of a pistol or revolver-shot wound. The company refused payment, on the ground that the policy provided that "No benefits will be paid for * * * death resulting * * * from any * * * gunshot or stab wounds." The beneficiary filed suit against the company on the policy. The case was submitted to the court for determination without the intervention of a jury, the sole question being whether or not death by a pistol or revolver shot wound was within the above clause of the policy. The trial judge held that it was and entered judgment in favor of the company. A motion for a new trial was made by the beneficiary, and was overruled, and to this judgment she excepted.
1. As defined by the following authorities, a "gun" is a metal tube for firing projectiles by the force of gunpowder or other explosives, together with its stock, carriage, or other attachments. When it is mounted on a carriage it is called a cannon, and when it is mounted on a stock requiring the use of both hands it is commonly called a rifle, musket, carbine, or fowling piece. It is also called a pistol or revolver. A pistol is a small firearm, usually mounted on a handgrip, which can be fired with one hand. As used in common parlance, the word "gun" is used interchangeably with the word pistol. Funk & Wagnalls New Standard Dictionary, p. 1092; Webster's New International Dictionary, p. 962, 12 Enc. Brit., p. 717; Norwood v. State, 28 Ga. App. 238, 111 S. E. 59; Hill v. State, 147 Ga. 650, 95 S. E. 213; State v. Barrington, 198 Mo. 23, 95 S. W. 235; Witty v. State, 75 Tex. Cr. R. 440, 171 S. W. 229 (11); State y. Christ, 189 Iowa, 474, 177 N. W. 54, 57.
2. The words "gunshot * * * wounds, " as used in the above provision of the policy of insurance in this case, include a wound...
To continue reading
Request your trial