Brunswick v. Standard Accident Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The verdict was for the wrong party and was against the evidence and against the law under the evidence. The uncontroverted evidence is that William Brunswick died from the effect of taking cyanide of potassium, a deadly poison? There is no evidence which even tends to show otherwise. He therefore died from taking cyanide of potassium either (a) intentionally, whether sane or insane.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The verdict was for the wrong party and was against the evidence and against the law under the evidence. The uncontroverted evidence is that William Brunswick died from the effect of taking cyanide of potassium, a deadly poison? There is no evidence which even tends to show otherwise. He therefore died from taking cyanide of potassium either (a) intentionally, whether sane or insane. Knights Templar v. Jarman, 187 U. S. 200, or (b) unintentionally, or, in other words, accidentally. If unintentionally (accidentally),…
1Opinion of the CourtFaris, J.
This is an action by plaintiff as beneficiary on a policy of insurance issued by defendant, insuring one William Brunswick, the husband of plaintiff, against death by accident. Upon a trial by a jury, the verdict was for the defendant. From the resulting judgment plaintiff appealed to the St. Louis Court of Appeals, wherein, upon a hearing, the case was reversed for error and ordered remanded for a new trial. [See Brunswick v. Standard Accident Ins. Co., 187 S. W. 802.] The Court of Appeals, however, being of the opinion that the views announced by them in this case were in conflict with the…
2Cases cited62 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- Galpin v. PageSupreme Court of the United States · 1874
- Agnew v. United StatesSupreme Court of the United States · 1897
- People v. GarbuttMichigan Supreme Court · 1868
- State v. HoytSupreme Court of Connecticut · 1880
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- Michler v. Krey Packing Co.Supreme Court of Missouri · 1952
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- Jefferson Standard Life Ins. Co. v. ClemmerCourt of Appeals for the Fourth Circuit · 1935
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