Baker v. Massachusetts Mutual Life Insurance
Supreme Court of North Carolina
Appeal by defendant .from Daniels, J., at June Term, 1914, of Car-teret. Action to recover upon a life policy of insurance, • and the defense relied on is that the deceased committed suicide. There was a verdict and judgment in favor of the plaintiff, and the defendant appealed.
1Opinion of the Court
Per Cubiam.
This is a second appeal in the same action, the first being reported in 163 N. C., 175.
The only issue in controversy upon the second trial was the following: “Did the insured die by his own hand or act with intent to commit suicide ?” which was answered in favor of the plaintiff, and the only exceptions seriously debated are to the charge of his Honor instructing the jury that the burden was upon the defendant to prove by the greater weight of the evidence that the deceased committed suicide, and to the refusal to charge the jury to answer the issue “Yes” if they believed the…
2Cases cited2 opinions
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Barker v. Massachusetts Mutual Life InsuranceSupreme Court of North Carolina · 1913
3Cited by10 opinions
- MacClure v. Accident & Casualty Insurance Co.Supreme Court of North Carolina · 1948
- Hedgecock v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1937
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
- Tabor v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1926
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