Benefit Association of Railway Employees v. Dahn

HALE, Justice.

Appellee, Mrs. Opal Dahn, sued appellant for benefits alleged to be due her under a policy of insurance on account of the death of her husband. The policy excluded indemnity for loss caused by suicide. Appellant denied liability on the ground that appellee’s husband had committed suicide by shooting himself. Upon the conclusion of the evidence the court submitted the case to the jury on the following special issue: “Do you find from a preponderance of the evidence that Mr. Eldon G. Dahn, on or about December 6, 1952, on the occasion in question, shot himself intentionally?” The…