19 Pa. Super. 111 | Pa. Super. Ct. | 1902
Opinion bt
The facts of this case are the same as those presented in the case of Slatterly v. Supreme Tent of the Knights of the Maccabees of the World (in which an opinion is filed herewith) with the exception that the testimony of the witness, which is alleged to have been discovered after the judgment in the first case, was presented to the jury in this case. The appellant in this appeal is the Great Camp of the Knights of the Maccabees for Pennsylvania. The first error urged upon us is, that the court erred in not granting a new trial. Nothing is exhibited which indicates any abuse of the discretion lodged in the trial court to determine the right to a new trial. The second error alleged is that the court failed to take from the jury the question of fact, namely, whether or not the insured committed suicide. To have warranted such action the testimony must have been susceptible of but one construction and free from all inferences upon which the plaintiff’s claim might be sustained. Under the contract of insurance the defendant was relieved from liability if the insured committed suicide. It was shown that the insured in his ordinary dress walked into the Ohio river until the water rose nearly to his shoulders. He then turned and retraced his steps until the water reached only to his waist. At this point he leaned or fell forward until his head was submerged. After remaining in this position for a moment, he raised his head and called out. Again he moved towards the shore. Again he stooped or fell forward, his facé becoming submerged until he was taken from the water by th§
The judgment is affirmed.