Harper's v. Phœnix Insurance
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The burden of proof was on the defendant to show that Harper died in the known violation of a law of this state. The question is not, whether Coryell was justifiable or excusable in killing Harper, under the circumstances given in evidence. A man may be killed when he is doing nothing wrong and is not intending to do any thing wrong, but when an apprehension that he is, is falsely made upon the mind of his assailant.
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Error to St. Louis Court of Common Pleas. The burden of proof was on the defendant to show that Harper died in the known violation of a law of this state. The question is not, whether Coryell was justifiable or excusable in killing Harper, under the circumstances given in evidence. A man may be killed when he is doing nothing wrong and is not intending to do any thing wrong, but when an apprehension that he is, is falsely made upon the mind of his assailant. But the naked question under this policy is, whether Harper was actually violating the law of this state, at the time of his death. The…
1Opinion of the CourtScott, Judge
This was an action on a life policy. One of the conditions of the policy was, that, should Harper die in the known violation of a law of this state, then it should be void. The case was submitted to the court without a jury, and after hearing a great deal of evidence in relation to the manner by which Harper came to his death, who was killed in a fight begun on the street, and which was afterwards continued in a store house, where Harper was shot with a bullet from a pistol, the court found the facts to be : “ That Harper, by opprobrious and insulting language, provoked a verbal altercation…
2Cited by3 opinions
- White v. WalkerSupreme Court of Missouri · 1856
- Wolff v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1878
- Davis v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903