Lamport v. General Accident, Fire & Life Assurance Corp.
Supreme Court of Missouri
Appeal from Jackson. Circuit Court. — Hon. O. A. Lucas, Judge. (1) The court erred in refusing to give the peremptory instruction asked, by defendant at the close of the whole case.
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Appeal from Jackson. Circuit Court. — Hon. O. A. Lucas, Judge. (1) The court erred in refusing to give the peremptory instruction asked, by defendant at the close of the whole case. There was no evidence that the injury vras accidental and all the evidence showed that it was intentionally self-inflicted, (a) Lamport’s failure to testify as a witness in his own behalf, though present in court, or to explain or deny the overwhelming proof against him is a confession of guilt. 1 Starkey on' Evidence, p. 54; Moore on 'Pacts, pp. 571, 574, 575; McClanahan v. Railroad, 147 Mo. App. 386; Cass County…
1Opinion of the CourtWilliams, J.
This is a suit upon a policy of accident insurance to recover the sum of ten thousand dollars for the loss of the left hand above the wrist. The policy provided an indemnity of $10,000 for loss of life and, among other things, provided for paying a like amount for loss of one hand by severance at or above the wrist if the injury be sustained “while a passenger in or on any regular passenger conveyance provided by a common carrier (including the platform, steps or running board of railway or street railway ears.” The policy was dated August 1, 1911, and was for a period of three months from…
2Cases cited4 opinions
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- State ex rel. Iba v. EllisonSupreme Court of Missouri · 1914
- Saxton National Bank v. BennettSupreme Court of Missouri · 1897
3Cited by12 opinions
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Pacific Mut. Life Ins. Co. of California v. ParkerCourt of Appeals for the Fourth Circuit · 1934
- Landau v. Pac. Mutl. Life Insurance Co.Supreme Court of Missouri · 1924
- Ettman v. Federal Life Ins.Court of Appeals for the Eighth Circuit · 1943
- Bergerson v. General Insurance Co. of AmericaMissouri Court of Appeals · 1941
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