Action Against an Insurance Company.

Manawatu Standard, Volume X, Issue 1464, 25 September 1885, Page 4

Action Against an Insurance Company.

A remarkable case was.t ried a, fow days ago at the Chelinsford Assizos as to whether a death had occurred through accident or by suicide. The executors of a person named Samuel Moe, of Birmingham, sued the Railway Accident Insurance Company for piyment of a policy of £1000, the insurance being against death by accident, with a conditiou that it should not extend to death by suicide or through insanity. Thn deceased was a partner m a firm of hardware merchants at Birmingham ; he was forty-suvsn years of 'age,* a widower, living with his sister, m comfortable circumstances, and m good health, and, so far as was known, of sound mind. On the 11th of Debt nary last year he left Birmingham for a. visit to London and a journey into the Eastern Counties. H>) arrived m London and went down to Newmarket (where he wrote to his sister qnito sensibly,) aud thence to Bury St. Edmonds. Ho left Bury and went to Manningtreo where he stayed at an hotel aud saw an acquaintance On the morning of. thu next day he took tlie tr.\in for London/ The train left Manningtree a little aftori nine o'clock, and a short time after leaving Chelmsford— at a place called Widtord— in some way or other the door of the carriago m which he was opened,, and lie fell or threw himself ont. He was picked up severely injured and wwars r taken to the infirmary, where ho died' next day. An inquest was held, i»t which two respectable young persons who had been m the carriage with hiiji stated that he deliberately -ope.ied the door, putting his handsont^for the. purpose, threwvit open with both hancjs.and then jumped out, Nevertheless,, the jury found "That he died from- mortal injuries received by his accidentally falling from a railway carriage and. not: otherwise." The coirpany, however,! resisted the claim on the policy on.-, the information of th« two young persons m the carriage, and who . were now called ns witnesses for the company, and repeated their {statements with every appearance of truthfulness ; and the officials of the company stated thit they had examined the lock and found it quit* right. On the other hand, the partner of the deceased, his sister, and the friend he had seeu, wer.s' called to show that when he started on his journey he was perfectly sensible, and untroubled m his mind. The jury gave a verdict for the plaintiffs, for £1000.