Travelers' Ins. Co. v. Connolly
| Decision Date | 10 April 1924 |
| Docket Number | 49. |
| Parties | TRAVELERS' INS. CO. v. CONNOLLY. |
| Court | Maryland Court of Appeals |
Appeal from Superior Court of Baltimore City; Chas. W. Heuisler Judge.
"To be officially reported."
Suit by Clara D. Connolly against the Travelers' Insurance Company. Judgment for plaintiff and defendant appeals. Affirmed.
The court cannot say that party having burden of proof of a fact has met it, and withdraw the case from the jury, at such party's request. The prayers of plaintiff and defendant were as follows:
Plaintiff's Prayer.
The court instructs the jury that, where death results from a pistol shot wound, self-destruction is not presumed, but the law presumes the wound was the result of accident; and the burden of proof in this case is upon the defendant to show by a fair preponderance of testimony that the shot was intentionally self-inflicted, and that it was not the result of accident; and, unless the jury find from the evidence in this case that Vincent A. Connolly intentionally shot himself, the verdict of the jury must be for the plaintiff in the full amount of the two policies sued on, to wit, ten thousand dollars ($10,000); and the jury in their discretion may allow interest on said sum from December 2, 1921.
(Granted.)
Defendant's First Prayer.
The jury are instructed that the policies of insurance sued upon in this case contain the following provision "Suicide.--In case of suicide committed while sane or insane, within one year from the date on which this insurance shall become effective, the limit of recovery hereunder shall be the premiums paid." It appears from the undisputed evidence that premiums amounting to $143 were paid by the assured, Vincent A. Connolly, upon these policies prior to his death. It also appears from the undisputed evidence that the assured, Vincent A. Connolly, came to his death before the expiration of one year from the time the policies went into effect, so that, if the assured committed suicide, the plaintiff is only entitled to recover in this case the said amount of $_____. And if the jury find from the evidence that on the 8th day of October, 1921, the said Vincent A. Connolly was and for some time had been in the employ of the Equitable Trust Company of Baltimore, as assistant secretary and as assistant treasurer of the said company, and that about 2:30 o'clock on that day the treasurer of said company, Mr Hugh L. Pope, confronted the assured with the charge of having misappropriated the funds of the trust company to the extent of several thousand dollars; that the assured did not deny the accusation, but said he would go out and arrange to get the money to make his shortage good; that the assured thereupon left the office of the trust company, went to the business place of Penn Loan Company, 629 Lafayette avenue, purchased an automatic revolver, and went out to a remote part of Druid Hill Park, and was found there about 5:30 o'clock in the same afternoon with a bullet hole through his temples, and the revolver which he had purchased lying at his side, with one of its chambers empty as a result of having been recently discharged, then, in the absence of any evidence of facts tending to show that the assured's death was due to accident or natural causes, the conclusion must be it was due to suicide, and unless the jury find that there is some such evidence in this case their verdict should be for the plaintiff for the amount of the premium paid, to wit, the sum of $143, and no more.
(Refused.)
Defendant's Second Prayer.
The jury are instructed that the policies of insurance sued upon in this case contain the following provision: "Suicide.--In case of suicide committed while sane or insane, within one year from the date on which this insurance shall become effective, the limit of recovery hereunder shall be the premiums paid." It appears from the undisputed evidence that premiums amounting to $143 were paid by the assured, Vincent A. Connolly, upon these policies prior to his death. It also appears from the undisputed evidence that the assured, Vincent A. Connolly, came to his death before the expiration of one year from the time the policies went into effect, so that, if the assured committed suicide, the plaintiff is only entitled to recover in this case the said amount of $143. And if the jury find from the evidence that on the 6th day of October, 1921, the said Vincent A. Connolly was and for some time had been in the employ of the Equitable Trust Company of Baltimore, as assistant secretary and as assistant treasurer of the said company, and that about 2:30 o'clock on that day the treasurer of said company, Mr. Hugh L. Pope, confronted the assured with the charge of having misappropriated the funds of the trust company to the extent of several thousand dollars; that the assured did not deny the accusation, but said he would go out and arrange to get the money to make his shortage good; that the assured thereupon left the office of the trust company, went to the business place of the Penn Loan Company, 629 Lafayette avenue, purchased an automatic revolver, and went out to a remote part of Druid Hill Park, and was found there about 5:30 o'clock in the same afternoon with a bullet hole through his temples, and the revolver which he had purchased lying at his side, with one of its chambers empty as a result of having been recently discharged, then, in the absence of any evidence of facts tending to show that the assured's death was due to accident or natural causes, the conclusion must be it was due to suicide, and (unless the jury find that there is some such evidence in this case) their verdict should be for the plaintiff for the amount of the premium paid, to wit, the sum of $143, and no more. And the jury are instructed that no evidence has been adduced in this case legally sufficient, even when coupled with the ordinary presumption against suicide, to entitle the jury to find that the assured's death was due to accidental or natural causes, or any other cause except suicide.
(Refused.)
Defendant's Third Prayer.
The court instructs the jury that it appears from the undisputed evidence in this case that the death of Vincent A. Connolly was due to suicide, and therefore the plaintiff is entitled to recover only the amount of the premiums paid on the policies prior to his death, to wit, the sum of $143, and the verdict of the jury should be for the plaintiff for that amount.
(Refused.)
Defendant's Fourth Prayer.
The court instructs the jury that the law always presumes that a man did not intentionally kill himself, but this presumption may be rebutted or overcome, so that, if there is a preponderance of evidence showing that he did commit suicide, if the jury so find, then the jury may find that he committed suicide, unless they shall find from the evidence that his death was due to other causes than suicide.
(Granted.)
Defendant's Fifth Prayer.
The jury are instructed that, while the presumption of law is that, when a man is found dead, his death is due to accidental or natural causes, nevertheless this presumption only applies in the absence of facts tending to explain the manner of said death, and, when facts of such a character are presented, the jury are then at liberty to determine from said facts whether the death was due to accidental or natural causes, or was the result of the intentional act of the accused.
(Granted.)
Defendant's Sixth Prayer.
No evidence has been adduced in this case legally sufficient to show that there is any reasonable probability that Connolly's death was due to any other cause than suicide.
(Refused.)
Argued before THOMAS, PATTISON, URNER, ADKINS, OFFUTT, and DIGGES, JJ.
William L. Marbury and L. Wethered Barroll, both of Baltimore, for appellant.
Edward Guest Gibson and Charles F. Harley, both of Baltimore (Burdette B. Webster, of Baltimore, on the brief), for appellee.
This is a suit upon a life insurance policy and the defense is suicide. Vincent A. Connolly, the insured, was found dying in Druid Hill Park, Baltimore, on the afternoon of October 6, 1921, and within a few minutes thereafter died from a pistol shot wound in the head. His life was insured by two policies issued by the Travelers' Insurance Company in the sum of $5,000 each. In each of them was a clause providing that:
"In case of suicide committed while sane or insane, within one year from the date on which this insurance shall become effective, the limit of recovery hereunder shall be the premiums paid."
The policies were issued, respectively, April 15, 1921, and May 18, 1921. On refusal of payment by the company, suit was brought by the widow, the beneficiary named in the policies, and the jury returned a verdict in favor of the plaintiff. This appeal is from the judgment entered on that verdict.
The important facts are as follows:
The insured at the time of his death was 31 years old. He had a wife and two children, to whom he appeared to be devotedly attached, and his home life was happy. He was always cheerful and never seemed to be depressed. He had been employed for about 10 months by the Equitable Trust Company at a salary of $4,250. Prior to that he was in the employ of the Fidelity Trust Company for about 15 years, part of the time as teller and later as assistant secretary, during which time, as testified by Mr. Pope, secretary and treasurer of the Equitable Trust Company, and a witness for defendant, he probably handled millions of dollars. Mr. Pope also testified that while in the employ of his company Connolly was manager of the Howard Street branch, and that he was largely instrumental in building up the business of that branch; that he had many friends, was a man of sunny...
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