Andrews v. United States Casualty Co.
Wisconsin Supreme Court
Apjpeae from a judgment of the circuit court for Brown county: S. D. IIastiNgs, Circuit Judge. Action upon a policy of accident insurance upon the life of one William T. Ebeling, who died from the effects of a bullet wound. There were two grounds of defense -urged, viz.: that the assured intentionally shot himself, and tlíát he was of “intemperate habit,” contrary to a representation made by tbe assured in the application on which the policy was based.
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Apjpeae from a judgment of the circuit court for Brown county: S. D. IIastiNgs, Circuit Judge. Action upon a policy of accident insurance upon the life of one William T. Ebeling, who died from the effects of a bullet wound. There were two grounds of defense -urged, viz.: that the assured intentionally shot himself, and tlíát he was of “intemperate habit,” contrary to a representation made by tbe assured in the application on which the policy was based. The action was here upon appeal from a previous judgment in plaintiff’s favor and was reversed and sent back for a new trial on account of…
1Opinion of the CourtWinslow, C. J.
No claim is made that the evidence is insufficient to sustain the verdict. The substantial errors ■claimed are but two in number, and will be briefly considered.
1. The great question in the case was whether Ebeling shot himself or whether his mistress, Cora Edwards, shot him, it ■appearing that the fatal shot was fired when the two were in a room together with no one else present. The deposition of Cora Edwards was taken and offered in evidence by the defendant and was to the effect that he shot himself. On the •other side there was considerable evidence of statements made by both Ebeling and…
2Cases cited1 opinion
- Scott v. HobeWisconsin Supreme Court · 1900