O'Brien v. New England Mutual Life Insurance

The opinion of the court was delivered by

Mason, J.:

In April, 1919, James Madison O’Brien insured his life in favor of his mother, Elizabeth O’Brien-, the policy providing that there should be no liability thereon if within a year the insured should die by his own act. He was killed by a bullet from a pistol on August 8, 1919. His mother brought this action against the insurance company. -A defense was made upon the ground that the insured had committed suicide. A jury trial resulted in a verdict and judgment for the plaintiff and the defendant appeals.

1. The principal question involved is…