New York Life Ins. v. Gamer

I dissent. The question presented by the main opinion is whether or not the plain mandate of the Supreme Court should be obeyed. I hold that it should.

I say “plain mandate” because the only question presented to or considered by the Supreme Court was as to the effect of the presumption against suicide. We had affirmed the judgment and had approved the following instruction:

“The presumption of law is that the death was not voluntary, and the defendant in order to sustain the issue of suicide on the part of E. Walter Gamer must overcome this presumption and satisfy the jury *379by a preponderance…