Seaboard Life Ins. Co. v. Murphy

• Decision Date: 01 November 1939
• Docket Number: No. 2268-7393.,2268-7393.
• Citation: 132 S.W.2d 393
• Parties: SEABOARD LIFE INS. CO. v. MURPHY.
• Court: Texas Supreme Court

132 S.W.2d 393

SEABOARD LIFE INS. CO. v. MURPHY.

No. 2268-7393.

Commission of Appeals of Texas, Section A.

November 1, 1939.

Error to Court of Civil Appeals of Eighth Supreme Judicial District.

Action by Mrs. Viola Murphy against the Seaboard Life Insurance Company to recover on a supplementary agreement in a life policy for accidental death benefits. To review a judgment of the Court of Civil Appeals, 111 S.W.2d 1221, affirming a judgment in favor of the plaintiff, the defendant brings error.

Judgment affirmed.

Andrews, Kelley, Kurth & Campbell, of Houston, and Guinn & Guinn, of Rusk, for plaintiff in error.

Norman & Norman, of Rusk, and Smithdeal, Shook & Lefkowitz, of Dallas, for defendant in error.

HICKMAN, Commissioner.

Mrs. Viola Murphy, defendant in error, was named as beneficiary in a policy of life insurance issued by Seaboard Life Insurance Company, plaintiff in error, on the life of Charles Calvin Murphy, her deceased husband. Upon his death she was paid $3,000, the full face value of the policy, but the Insurance Company denied liability upon a "Supplementary Agreement for Accidental Death Benefit," attached to the policy, and this suit is upon such supplementary agreement only. The beneficiary recovered in the trial court and the case was affirmed by the Court of Civil Appeals. 111 S.W.2d 1221.

Briefly, Murphy came to his death by reason of being struck by a deputy constable named W. O. Farrish. There was a conflict in the testimony as to whether Farrish struck him with his fist or with a blackjack, but we are bound by the finding of the trial court that he struck him with his fist. As a result of the blow Murphy fell upon a concrete floor and the trial court found that in falling he struck his head on the floor, which was the sole proximate cause of his death. This latter finding is challenged, but we do not find it important to consider whether there is any evidence supporting same. There is evidence supporting the findings that Farrish knocked Murphy down on the concrete floor, and that he died shortly thereafter. Whether his death should be attributed to the blow, to the fall or to both is not important.

The opinion of the Court of Civil Appeals quotes at length from the findings of the trial judge. It is believed that it is sufficient to an understanding of our holdings herein to quote the following portions thereof :

"3. I find that neither Charles Calvin Murphy nor W. O. Farrish knew the other and that they were strangers at the time of the accident, which resulted in the death of the said Murphy, and that upon that occasion the following occurred: Murphy and one Murphy Acrey were sitting in the courtroom engaged in a conversation with respect to proceedings in the trial of a case. Farrish overheard this conversation and thought that it was intended to apply to him. He touched C. C. Murphy and requested him to come out of the courtroom, with which request Murphy complied, not knowing Farrish's purpose. I find that after they had gone out of the courtroom and were in the hallway, which has a concrete floor, and were near the entrance of the sheriff's office, Farrish stopped, turned, and pointing a finger in Murphy's face, made the statement that anybody who called him a stoolpigeon was a liar. I find that Murphy made no demonstration or effort to strike Farrish; but Farrish, thinking Murphy was about to strike him, assumed an attitude of defense, as did Murphy, and Farrish, thinking that...