Price v. Business Men's Assur. Co. of America, 4-3292.
| Decision Date | 22 January 1934 |
| Docket Number | No. 4-3292.,4-3292. |
| Citation | 67 S.W.2d 186 |
| Parties | PRICE v. BUSINESS MEN'S ASSUR. CO. OF AMERICA. |
| Court | Arkansas Supreme Court |
Appeal from Circuit Court, Pulaski County, Third Division; Marvin Harris, Judge.
Action by Mary C. Price against the Business Men's Assurance Company of America. From a judgment for defendant on directed verdict, plaintiff appeals.
Affirmed.
Roy E. Rison and Tom W. Campbell, both of Little Rock, for appellant.
Chas. W. Mehaffy, of Little Rock, for appellee.
Appellant sued appellee in the circuit court of Pulaski county on an insurance policy issued by appellee to her husband providing payment to her as beneficiary of $3,000 in the event of her husband's death "from bodily injuries effected solely through accidental means." It was alleged in the complaint that, during the life of the policy, her husband, Joel Lee Price, was accidentally killed by being shot to death unexpectedly and by chance.
Appellee filed an answer denying that Joel Lee Price was accidentally killed but, on the contrary, was killed by officers of the law in a fight which he provoked and in which he was the aggressor at a time when he and a man by the name of Kagle were engaged in robbing Terry Dairy Company plant at Scott and Eighteenth streets in Little Rock, Ark.
The cause was submitted upon the pleadings and evidence adduced, at the conclusion of which the court instructed a verdict against appellant and dismissed her complaint, from which is this appeal.
According to the undisputed testimony, Price and Eagle, wearing masks, and Price being armed with a .45 caliber automatic pistol, entered the property of Terry Dairy Company, tied its night watchman in the barn, broke into its iron safe, and were prowling through the building when officers appeared on the scene; that in going out of a room into the hall, they were discovered and called to by the officers, whereupon they turned and ran into adjoining rooms; that officers Huston and Pate entered the door leading into a dimly lighted room in which Price was hiding and called to him that they were officers, whereupon he shot at them without notice and continued to fire until he was mortally wounded by them and fell to the floor; that they secured his pistol and a statement from him that Eagle was in an adjoining room; that officers Walker and Huston entered the adjoining room in search of Eagle, and, upon being attacked by him, they shot and instantly killed him; that during...
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