Muse v. Interstate Life & Acc. Co.

• Decision Date: 15 October 1932
• Docket Number: 22203.
• Citation: 166 S.E. 219,45 Ga.App. 839
• Parties: MUSE v. INTERSTATE LIFE & ACCIDENT CO.
• Court: Georgia Court of Appeals

166 S.E. 219

45 Ga.App. 839

MUSE v. INTERSTATE LIFE & ACCIDENT CO.

No. 22203.

Court of Appeals of Georgia, Second Division

October 15, 1932

Syllabus by Editorial Staff.

Death by "pistol" or "revolver" shot wound held not covered by policy exempting liability for death resulting from any "gun" shot wound.

"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."

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.

SUTTON J.

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. Whenit 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...