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Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 290

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 290


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... views expressed herein. All concur, except James T. Blair, C. J., who dissents. ' Grifiith v. Continental Casualty Co. 1. ACCIDENT INSURANCE: Suicide: Burden of Proof: Instructions. Where the petitionalleged that the insured's death was directly caused through "purely accidental means by accidentally falling out of a window" and the answer averred that his death "was due-to suicide and se1fdestruction," theyburden was on the plaintiflr' to prove that insured's death was accidental; and the giving of an instruction for plaintiff declaring that the burden is upon de--fendant to prove by a preponderance of the evidence that "the insured intentionally threw himself from the window with the intent and purpose of killing himself" and the refusing of one for defendant declaring that "before plaintiff can recover she must have proven by the preponderance or greater weight of the evidence that the death of the insured was due to accidental means and unless she has so proven the jury will return a verdict for defendant" was error against defendant, the issue whether insured 's death was accidental or the result of an act intentionally done being exceedingly difficult to determine under the facts. The burden was on the plaintiff to show by thegreater weight of the evidence that the insured came to his death by accidental means, and therefore the refusal of defendant 's instruction was error; and as there was no burden upon defendant, under 'the pleadings, since its answer was in effect a general denial, to show in what manner or by what means the insured came to'his' death, whether by suicide or otherwise, the giving of plaintiff's instruction was likewise...


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Product Details
  • ISBN-13: 9781130726459
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 314
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1130726452
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 562 gr


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