Modern Woodmen of America v. Cecil
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County (Henderson, J.). Plaintiff’s 3rd Prayer. — The plaintiff prays the Court to instruct the jury that where death results from the taking of a dose or quantity of carbolic acid self destruction is not presumed, but the law presumes the same was the result of accident, and the burden of proof in this case is upon the defendant company to show that the same was taken intentionally an'd for the purpose of causing death, by a…
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Appeal from the Circuit Court for Frederick County (Henderson, J.). Plaintiff’s 3rd Prayer. — The plaintiff prays the Court to instruct the jury that where death results from the taking of a dose or quantity of carbolic acid self destruction is not presumed, but the law presumes the same was the result of accident, and the burden of proof in this case is upon the defendant company to show that the same was taken intentionally an'd for the purpose of causing death, by a preponderance of evidence, and that it was not the result of accident; and unless the jury find from the evidence in this…
1Opinion of the CourtBurke, J.
On the 31st day of August, 1905, the Modern Woodmen of America, a beneficial society, incorporated under the laws of the State of Illinois, issued a benefit certificate to Harry Cecil, a member of Poolesville Camp No. 1159, located in Montgomery County, for the sum of one thousand dollars, payable upon his death to Julia M. Cecil, his mother. On April 23rd, 1906, Harry Cecil was found dead in the room of his boarding house in Washington, D. C., and the proof shows that his death was caused by his drinking carbolic acid. The society refused to pay the insurance to Mrs. Cecil, the mother, and…
2Cases cited4 opinions
- Supreme Council of Royal Arcanum v. BrashearsCourt of Appeals of Maryland · 1899
- Travelers' Insurance v. NicklasCourt of Appeals of Maryland · 1898
- Mutual Life Insurance v. StibbeCourt of Appeals of Maryland · 1877
- Cooke v. CookeCourt of Appeals of Maryland · 1868
3Cited by4 opinions
- Travelers Insurance v. ConnollyCourt of Appeals of Maryland · 1924
- Trustees of Riverdale Presbyterian Church v. Paul B. Pugh & Co.Court of Appeals of Maryland · 1928
- Mutual Fire Insurance v. RitterCourt of Appeals of Maryland · 1910
- Travelers Insurance v. NeedleCourt of Appeals of Maryland · 1937