The State ex rel. Shoemaker v. Daues
Decision Date | 22 December 1925 |
Docket Number | 26472 |
Parties | THE STATE ex rel. MARY C. SHOEMAKER v. CHARLES H. DAUES et al., Judges of St. Louis Court of Appeals |
Court | Missouri Supreme Court |
Writ quashed.
J D. Wilson and F. H. Bacon for relator.
(1) The opinion of the Court of Appeals is in conflict with the decisions of this court in that the verdict of the jury is ignored. Egans v. Gen. Explosives Co., 293 Mo. 364; State ex inf. Poage v. Higley, 250 S.W. 61; State ex rel. v. Allen, 295 Mo. 307; Bothmann v Met. Life Ins. Co., 299 Mo. 269; State ex rel. v Trimble, 271 S.W. 47. (2) In weighing the evidence the Court of Appeals was not guided by the rules laid down by this court. Parker v. Aetna Life Ins. Co., 289 Mo 42; Pythias Knights' Sup. Lodge v. Beck, 181 U.S. 53; Matthews v. Modern Woodmen, 236 Mo. 326. (3) The opinion of the Court of Appeals is contradictory. In one part it recognizes and in another part denies the principle that if a man, not knowing what he is doing, by some act causes his death, such death is not suicide, but is accidental. Knights Templars v. Crayton, 209 Ill. 550; Cady v. Cas. Co., 134 Wis. 222; Bohaker v. Ins. Co., 215 Mass. 32; Dean v. Am. Ins. Co., 4 Allen, 96; Parker v. Ins. Co., 125 S.E. 6. (4) The opinion of the Court of Appeals is not in harmony with what is the true rule if the case of Seitzinger, referred to in the opinion, is construed in connection with other cases decided by the Supreme Court of Illinois, especially the case of Knights Templars v. Crayton, 209 Ill. 550. See Supreme Lodge v. Gelbke, 198 Ill. 365; Dickerson v. Ins. Co., 200 Ill. 270. (5) In holding, as it did, that in law there is no difference or distinction between delirium and insanity, the opinion of the Court of Appeals is in conflict with the standard dictionaries, works on medical jurisprudence and the opinions of this court. 2 Hamilton's Medical Jurisprudence, p. 52; State v. Main, 69 Conn. 123; 23 C. J. 169; State ex rel. v. Seibert, 130 Mo. 221; Parker v. Ins. Co., 289 Mo. 42.
Jones, Hocker, Sullivan & Angert for respondents.
(1) The Court of Appeals expressed no opinion whatsoever of its own as to the proper interpretation of this contract. It was not called upon by the exigency of the case to do so, nor did it attempt any such. It was merely called upon to ascertain whether such a death as alleged by the plaintiff and found by the jury was covered by such insurance under the law and decisions of the State of Illinois. (2) The decisions in Illinois as reviewed in the opinion of the Court of Appeals leave no conclusion possible, save only that at which the Court of Appeals arrived, as to the state of the law of Illinois on the question arising on this record. The conclusion of the Illinois courts on the question has the full support of the judgment of this court thereon. Haynie v. Knights Templars, 139 Mo. 416. As well as most other courts which have had occasion to consider the question. Casualty Co. v. Blum, 258 F. 897; Sovereign Camp v. Hunt, 98 So. 62; Scarth v. Ins. Co., 75 Iowa 346; Spruill v. Ins. Co., 120 N.C. 141; Billings v. Ins. Co., 64 Vt. 78; Jenkins v. National Union, 118 Ga. 587; Kruse v. Maccabees, 45 Ind.App. 30.
On the application of the relator, a writ of certiorari was issued to review the judgment of the St. Louis Court of Appeals reversing the judgment of the trial court in an action by relator upon a policy issued by the Central Business Men's Association, an Illinois corporation, insuring the life of her husband, in which action the plaintiff recovered the full amount of the policy. The policy insured Dr. Samuel E. Shoemaker "against loss resulting from bodily injuries effected, directly or independently of all other causes, through accidental means (suicide, sane or insane, is not covered) as specified in the following schedule . . . For loss of life, $ 5,000."
This is an Illinois contract. Dr. Shoemaker was a patient in a hospital in Springfield, Illinois, and died on October 11, 1919, as the result of self-inflicted injuries. The opinion recites:
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