Mutual Benefit Life Ins. v. Daviess' Ex'r
Court of Appeals of Kentucky
Case 83 — PETITION ORDINARY APPEAL FROM MERGER CIRCUIT COURT. 1. The question as to whether the insured had had vertigo should have been submitted to the jury. When from the evidence any reasonable deduction can be drawn as to the truth of any alleged fact, it is within the province of the jury, and not of the court, to decide the question.
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Case 83 — PETITION ORDINARY APPEAL FROM MERGER CIRCUIT COURT. 1. The question as to whether the insured had had vertigo should have been submitted to the jury. When from the evidence any reasonable deduction can be drawn as to the truth of any alleged fact, it is within the province of the jury, and not of the court, to decide the question. (Fightmaster v. Beasly, 7 J. J. M., 411; Stephens v. Brooks, 2 Bush, 138.) 2. The agreement that the falsity of any statement in the application shall avoid the policy, excludes from the court and jury the question of its materiality. The inquiry and…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion oe the court.
On the first of Marcli, in the year 1881, Jno. B. T. Daviess, a resident of the town of Harrodsburg, insured his life in the Mutual Benefit Life Insurance Company for the sum of ten thousand dollars, the amount of *545insurance, in case of Ms death, to be paid to his personal representative.
On the morning of the twenty-eighth of March, in the year 1881, Daviess was found dead in one of the stalls of his stable, a short distance from his dwelling, with a pistol by his side, from which, as the proof conclusively shows, the ball was fired causing his…
2Cases cited7 opinions
- Bigelow v. Berkshire Life InsuranceSupreme Court of the United States · 1876
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Germania Insurance v. RudwigCourt of Appeals of Kentucky · 1882
- Pierce v. Travelers' Life Insurance Co.Wisconsin Supreme Court · 1874
- Horwitz v. Equitable Mutual InsuranceSupreme Court of Missouri · 1867
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3Cited by31 opinions
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Meyer v. Fidelity & Casualty Co.Supreme Court of Iowa · 1895
- Independent Life Ins. Co. v. ButlerSupreme Court of Alabama · 1930
- Webster v. New York Life Ins. Co.Supreme Court of Louisiana · 1926
- Masonic Life Ass'n v. RobinsonCourt of Appeals of Kentucky · 1912
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