Supreme Lodge, Knights of Pythias of the World v. Lillian Beck

• Citation: 45 L.Ed. 741,21 S.Ct. 532,181 U.S. 49
• Decision Date: 08 April 1901
• Docket Number: No. 194,194
• Parties: SUPREME LODGE, KNIGHTS OF PYTHIAS OF THE WORLD, Plff. in Err. , v. LILLIAN H. BECK
• Court: United States Supreme Court

181 U.S. 49

21 S.Ct. 532

45 L.Ed. 741

SUPREME LODGE, KNIGHTS OF PYTHIAS OF THE WORLD, Plff. in Err.,

v LILLIAN H. BECK.

No. 194.

Submitted March 13, 1901.

Decided April 8, 1901.

On April 5, 1895, a certificate of membership, in the amount of $3,000, was issued by the plaintiff in error to Frank E. Beck, payable on his death to his widow, Lillian H. Beck. The application for membership contained this stipulation:

'It is agreed that if death shall result by suicide, whether sane or insane, voluntary or involuntary, or it death is caused or superinduced by the use of intoxicating liquors or by the use of narcotics or opiates, or in consequence of a duel, or at the hands of justice, or in violation of or attempt to violate any criminal law, then there shall be paid only such a sum in proportion to the whole amount of the certificate as the matured life expectancy at the time of such death is to the entire expectancy at date of acceptance of the application by the board of control.'

On October 31, 1896, he was killed by the discharge of a gun at the time held in his hands. After his death a coroner's jury found that he died 'by shooting himself in the head with a double-barrel shotgun, with the purpose and intent of committing suicide, while temporarily insane, due probably to the use of intoxicants. The the shooting was done in the outside water-closet of the premises now occupied by the family of C. B. Nolan, and that he threatened to kill his wife before killing himself.' Proofs of death were furnished by his widow, in which question 14 and answer were as follows: '14. Was death caused by suicide or violence or from other than natural causes? A. Suicide.'

On April 13, 1897, an action was commenced in the district court of the first judicial district of the state of Montana, in and for the county of Lewis and Clark, by his widow, to recover $3,000, the amount of the insurance. This action was removed by the defendant to the circuit court of the United States for the district of Montana. The answer set up specifically that the insured died from 'self-destruction and suicide,' and, further, 'that prior to said Beck taking his own life said Beck was attempting to and did violate the criminal laws of the state of Montana.' In the circuit court a trial was had, which resulted in a verdict and judgment for plaintiff. The judgment was taken by the defendant to the United States circuit court of appeals for the ninth circuit, and by that court affirmed May 16, 1899, 36 C. C. A. 467, 94 Fed. Rep. 751, to reverse which judgment of affirmance this writ of error was sued out.

Mr. Carlos S. Hardy for plaintiff in error.

Mr. C. B. Nolan for defendant in error.

Mr. Justice Brewer delivered the opinion of the court:

The principal question discussed by counsel for plaintiff in error, and the important question in the case is whether the trial court erred in refusing a peremptory instruction to find a verdict for the defendant. It is said that the testimony established the fact of suicide, and that there was no sufficient doubt in respect thereto to justify a submission of the question to a jury. We have recently had before us a case coming, like this, from the trial court, through the court of appeals (Patton v. Texas & P. R. Co. 179 U. S. 658, ante, p. 275, 21 Sup. Ct. Rep. 275), in which the action of the trial court in directing a verdict was vigorously attacked as an invasion of the province of the jury to determine every question of fact. That case stands over against this, for there the trial court directed a verdict. Here it refused to direct one. In each case its action was approved by the court of appeals. In that case, although the question was doubtful, we sustained the rulings of the lower courts; and the considerations which then controlled us compel a like action in the present case. We said that a trial court had the right, under certain conditions, to direct a verdict one way or the other (citing several cases to that effect), but added:

'It is undoubtedly true that cases are not to be lightly taken from the jury; that jurors are the recognized triers of questions of fact; and that, ordinarily, negligence is so far a question of fact as to be properly submitted to and determined by them. Richmond & D. R. Co. v. Powers, 149 U. S. 43, 37 L. ed. 642, 13 Sup. Ct. Rep. 748.

'Hence it is that seldom an appellate court reverses the action of a trial court in declining to give a peremptory instruction for a verdict one way or the other. At the same time, the judge is primarily responsible for the just outcome of the trial. He is not a mere moderator of a town meeting, submitting questions to the jury for determination, nor simply ruling on the admissibility of testimony, but one who in our jurisprudence stands charged with full responsibility. He has the same opportunity that jurors have for seeing the witnesses, for noting all those matters in a trial not capable of record; and when in his deliberate opinion there is no excuse for a verdict save in favor of one party, and he so rules by instructions to that effect, an appellate court will pay large respect to his judgment. And if such judgment is approved by the proper appellate court, this court, when called upon to review the proceedings of both courts, will rightfully be much influenced by their concurrent opinions.' P. 660, ante, p. 276, Sup. Ct. Rep., p. 276.

Whether the deceased committed suicide was a question of fact, and a jury is the proper trier of such questions. It is not absolutely certain that the deceased committed suicide. The following are the facts, at least, from the testimony, the jury was warranted in finding them to be the facts: The deceased and his wife had been married some six years. They had one child, a little girl, of whom he was very fond. They lived happily together except when he was drinking, and then he became irritable, and they quarreled. For six weeks prior and up to four days before his death he had not been drinking. The only evidence that he ever though of taking his life is the testimony of a domestic who had worked in the family for two or three years, but had left a year and four months before his death, that when once she called his attention to the fact that he was...