87 Ga. 497 | Ga. | 1891
The policy covered bodily injuries inflicted by external, violent and accidental means. It excepted, however, various classes of accidental injuries which might be embraced in these general terms, among them those caused by duelling, fighting, wrestling, etc.; and those happening in consequence of voluntary exposure to unnecessary danger, hazard or perilous adventure, or while engaged in, or in consequence of, any unlawful act; and all injuries the result of design, either on the part of the claimant or any other person. It may be conceded that the homicide was accidental within the meaning of the policy as such policies have generally been construed by the courts. Ripley v. Rwy. Co., 2 Bigelow’s Life and A. Cases, 738 ; Hutchcraft v. Trav. Ins. Co., 87 Ky. 300, 18 Ins. Law Jour. 317 ; Phelan v. Trav. Ins. Co., 38 Mo. Ap. 640 ; Richards v. Trav. Ins. Co. (Cal., May, 1891), 26 Pac. Rep. 762 ; Supreme Council v. Garrigus, 104 Ind. 133, 54 Am. Rep, 298 ; Notes to Paul v. Trav. Ins. Co., 8 Am. St. Rep. 763 ; Bliss on Life Ins. §§396, 397 ; 5 Lawson, R. R., & P. §2140 et seq.; 1 Am & Eng. Ency. Law, 87 et seq.; 7 Am. Law Rev. 585 ; same article, 8 Alb. Law J. 85. It may be conceded also that, though the killing was manifestly willful on the part of the slayer, it was open to question whether it was the result of design, that is of rational design, inasmuch as there was some evidence tending to show that the slayer might have been in
The nonsuit was properly awarded, and we have stated our reasons very fully for so deciding.
Judgment affirmed