Gem State Mutual Life Association v. Gray

TAYLOR, Chief Justice.

February 7, 1954, at McCammon, at about 1:00 o’clock a. m., insured advised his wife, Agnes Gray, by ’phone that he was extremely drunk and wasn’t coming home. On previous occasions when intoxicated he had come home and beaten her. Upon receiving the ’phone call, she barred the doors and sat down to wait. She knew he would be angry and, if drunk, would beat her. About 2:00 o’clock a. m. he came to the house, tried to get in and banged on the door. She told him to go to a hotel, but he refused and kept shouting. She called the town marshal, and deceased, apparently…