The Conn. Mut. Life Ins. Co. v. Ellis
| Decision Date | 30 September 1878 |
| Citation | 1878 WL 10072,89 Ill. 516 |
| Parties | THE CONNECTICUT MUTUAL LIFE INSURANCE COMPANYv.J. WARD ELLIS, Admr. etc. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Superior Court of Cook county; the Hon. JOHN A. JAMESON, Judge, presiding. Messrs. ISHAM & LINCOLN, for the appellant.
Messrs. SHOREY & SHAFFNER, for the appellee.
The policy declared on was issued by the Connecticut Mutual Life Insurance Company, insuring the life of Milton T. Hamilton, since deceased. It contained a proviso, that in case the assured “shall become so far intemperate as to impair his health or induce delirium tremens, * * * this policy shall be void and of no effect.” The pleas filed to the declaration were, 1st, general issue, 2d, a violation of a condition of the policy, by becoming so far intemperate as to impair the health of the assured, and 3d, a violation of a condition of the policy by becoming so far intemperate as to induce delirium tremens in the assured. The plea of the general issue was withdrawn by leave of court, and the trial was had on the issues made by the replications to the special pleas. On the first trial, the jury failed to agree and were discharged, but on the second trial, they found the issues for plaintiff and assessed his damages at the amount due on the policy. A motion made for a new trial was overruled by the court, and judgment rendered on the verdict. The insurance company brings the case to this court on appeal.
On the errors assigned, two principal objections are made in the argument against the judgment: First, the verdict is manifestly against the weight of the evidence, and, second, the court below erred in allowing medical books to be read before and to the jury, and to be used as evidence to contradict a witness. Other minor matters are discussed, but they are not deemed of sufficient importance to be remarked upon.
But a single issue was made on the trial, viz: whether the assured had been guilty of a violation of a condition of the policy by becoming so far intemperate in the use of intoxicating drinks as to impair his heaith or induce delirium tremens. On this branch of the case, the evidence is irreconcilably conflicting. A verdict either way, no error of law intervening at the trial, would not be disturbed, under the practice that prevails in this court. The attending physician diagnosed the disease of which the assured died as delirium tremens, induced by the intemperate use of alcoholic drinks. Other witnesses, who stated they were well acquainted with the personal habits of the assured, all say he was a man of intemperate habits. A physician, called as an expert in answer to a hypothetical question based on the witness' understanding of the testimony, pronounced the disease of which assured died as a typical case of delirium tremens. On the other hand, there were, perhaps, a greater number of witnesses who say they were well and intimately acquainted with assured,...
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