Burrier v. Mutual Life Insurance Co. of New York

(concurring in the result) — I concur in the result. While I am convinced that it was error to give instruction No. 8, I am satisfied that the giving of instructions Nos. 9 and 10 made the error nonprejudicial in this case. I am fearful, however, that the result will be that the three instructions (Nos. 8, 9, and 10) will be hereafter requested and given in similar cases as a comprehensive statement of the law.

Instruction No. 8 reads:

“The sole issue in this case is whether the deceased died as a result of suicide. Where a deceased dies as a result of a gunshot wound it is presumed that his…