Holmes v. Protected Home Circle
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Wilson A. Taylor,- Judge. (1) It was misleading, prejudicial and erroneous to tell the jury, as was done in instruction No. 1, that in determining whether or not the assured’s death was caused by the excessive use of morphine, the jury should not speculate or guess. Pepperkorn v. St. Louis Transfer Co., 171 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Wilson A. Taylor,- Judge. (1) It was misleading, prejudicial and erroneous to tell the jury, as was done in instruction No. 1, that in determining whether or not the assured’s death was caused by the excessive use of morphine, the jury should not speculate or guess. Pepperkorn v. St. Louis Transfer Co., 171 Mo. App. 709,154 S. W. 836; State ex rel. v. Ellison, 187 S. W. (Mo.) 23. (2) It was error to tell the jury that the burden of proof was on the defendant as to the issues raised by the answer, without defining the term “burden…
1Opinion of the CourtReynolds, P. J.
This is an action on a benefit certificate issued to the husband of plaintiff, plaintiff named as beneficiary, defendant association agreeing to pay her $1500 within 90 days after receipt by defendant of satisfactory evidence of the death of the husband.
The petition avers that the husband had complied with all the requirements as to payments, and that he died on July 1, 1913; that plaintiff had furnished the necessary proofs of death, and that defendant had refused to pay, judgment is demanded for $1500, with interest from November 1, 1913.
The answer, admitting the incorporation of defendant,…
2Cases cited4 opinions
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Bruck v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1916
- Peperkorn v. St. Louis Transfer Railway Co.Missouri Court of Appeals · 1913
3Cited by4 opinions
- Gill v. W.O.W.Missouri Court of Appeals · 1922
- Christman v. HickmanMissouri Court of Appeals · 1931
- Gill v. Sovereign Camp of the Woodmen of the WorldMissouri Court of Appeals · 1922
- State ex rel. N. W. Electric Power Cooperative, Inc. v. WaggonerMissouri Court of Appeals · 1959