Supreme Lodge of Knights v. Bradley
Supreme Court of Arkansas
Appeal from Ashley Circuit Court. Zaci-iariah T. Wood, Judge. STATEMENT BY THE COURT. On January, 1901, at the entrance of the courthouse in'1 Hamburg, Charles O. Morscheimer shot and killed Charles H. Bradley. The appellee is the widow of Bradley and the beneficiary in a policy for $1,000 in the appellant’s order, a fraternal insurance association.
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Appeal from Ashley Circuit Court. Zaci-iariah T. Wood, Judge. STATEMENT BY THE COURT. On January, 1901, at the entrance of the courthouse in'1 Hamburg, Charles O. Morscheimer shot and killed Charles H. Bradley. The appellee is the widow of Bradley and the beneficiary in a policy for $1,000 in the appellant’s order, a fraternal insurance association. The facts, as reflected through the verdict of the jury, were: Ill-feeling over a trivial matter existed between Bradley and Morscheimer, at least on Bradley’s part. On the morning of the tragedy they came face to face at the north entrance of the…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) Is a death received while retreating from a personal difficulty (and not retreating for the purpose of gaining advantage ground to renew'it), where the recounter is begun by an assault by the deceased upon his slayer with a weapon capable of inflicting great bodily harm or death, according to its use, a death within the meaning of an insurance clause exempting against liability for a death “in violation or attempted violation of any criminal law?”
Instruction numbered four said it was not, and the appellant asked instruction numbered five that it be…
2Cases cited5 opinions
- Bloom v. Franklin Life InsuranceIndiana Supreme Court · 1884
- Murray v. . New York Life Ins. Co.New York Court of Appeals · 1884
- Bradley v. . the Mutual Benefit Life Ins. Co.New York Court of Appeals · 1871
- Harper's Administrator v. Phœnix InsuranceSupreme Court of Missouri · 1854
- Overton v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1866
3Cited by13 opinions
- Empire Life Insurance v. EinsteinCourt of Appeals of Georgia · 1913
- State Life Insurance v. FordSupreme Court of Arkansas · 1912
- American National Insurance v. WhiteSupreme Court of Arkansas · 1916
- Railway Mail Ass'n v. MoseleyCourt of Appeals for the Sixth Circuit · 1914
- Landry v. Independent Natl. Life Ins.Louisiana Court of Appeal · 1931
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