171 A. 560
Supreme Court of Pennsylvania.January 23, 1934.
March 19, 1934.
Appeals — Review — Verdict of jury — Conclusiveness — Action on policy of life insurance — Defense of suicide.
In an action to recover on a policy of life insurance where defense is made on the ground that the insured committed suicide, and it appears from the evidence that although some of the circumstances surrounding the death were suggestive of suicide there were other facts entirely consistent with the presumption that the insured came to his end accidentally and without design, and the issue of fact thus raised is submitted to the jury in a charge free from reversible error, the appellate court is concluded by the verdict of the jury.
Argued January 23, 1934.
Before FRAZER, C. J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.
Appeal, No. 101, Jan. T., 1934, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1932, No.
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71, in case of Elizabeth A. Ritter v. The Northwestern Mutual Life Insurance Company. Judgment affirmed.
Action on policy of life insurance. Before LEWIS, J.
The opinion of the Supreme Court states the facts.
Verdict and judgment for plaintiff. Defendant appealed.
Error assigned, inter alia, was refusal of judgment n. o. v., quoting record.
Thomas F. Farrell, with him Kelly, Balentine, Fitzgerald Kelly, for appellant.
Stanley F. Coar, Thomas B. Miller and D. R. Reese, for appellee, were not heard.
PER CURIAM, March 19, 1934:
Defendant appeals from the action of the court below in refusing its motions for judgment non obstante veredicto and for new trial. Plaintiff sued in assumpsit to recover the face value of a policy of insurance issued on the life of her deceased husband, Malcolm L. Ritter, dated July 10, 1931. The claim was contested by defendant on the ground that the insured committed suicide four months after taking out the policy, and that the insurance company was protected by a clause in the policy providing: “If within one year from the date hereof the insured shall die by his own hand, whether sane or insane, the liability of the company shall be limited to the amount of the reserve hereon.” The affidavit of defense admits that the reserve amounts to $36.82. The issue thus raised was submitted to a jury, which rendered a verdict in favor of plaintiff.
Plaintiff’s decedent died from the effects of carbon monoxide poisoning received in an automobile salesroom. Although some of the circumstances surrounding the death were suggestive of suicide, there were other
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facts entirely consistent with the presumption that the insured came to his end accidentally and without design. The case, under the testimony, was clearly for the jury and was submitted in a charge free from reversible error. Any question as to suicide was determined by the verdict of the jury and we are concluded thereby.
Judgment affirmed.