FREE BOOKS

Author's List




PREV.   NEXT  
|<   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108  
109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   >>   >|  
of designedly destroying one's own life. To constitute suicide, the person must be of years of discretion and of sound mind." In a case submitted to the Supreme Court of the State of New York, Chief-Justice Nelson settled the whole question. A life company resisted payment of the amount specified in their policy, on the ground that the assured had committed suicide by drowning himself in the Hudson River. To this it was replied, that, when he so drowned himself, he was of unsound mind, and wholly unconscious of the act. Judge Nelson, after stating the question to be whether the act of self-destruction by a man in a fit of insanity can be deemed a death by his own hand within the meaning of the policy, decided that it could not be so considered. That the terms "commit suicide," and "die by his own hand," as used indiscriminately by different companies, express the same idea, and are so understood by writers in this branch of law. That self-destruction by a man bereft of reason can with no more propriety be ascribed to the act of his own hand, than to the deadly instrument that may have been used for the purpose. That the drowning was no more the act of the assured, in the sense of the law, than if he had been impelled by irresistible physical power; and that the company could be no more exempt from payment, than if his death had been occasioned by any uncontrollable means. That suicide involved the deliberate termination of one's existence while in the full possession of the mental faculties. That self-slaughter by an insane man or a lunatic was not suicide within the meaning of the law. This opinion of Judge Nelson was subsequently affirmed by the Court of Appeals. The whole current of legal decisions, the suggestions thrown out by learned judges, and the growing opinion that no sane man would be guilty of self-slaughter, have induced several new companies to exclude this proviso from their policies, while many older ones have revised their policies and eliminated the obnoxious clause. It is not that any man contemplates the commission of suicide; but every one feels that, if there should be laid upon him that most fearful of all afflictions, insanity, or if, when suffering from disease, he should, in the frenzy of delirium, put an end to his existence, every principle of equity demands that the faithful payments of years should not be lost to his family. Another important principle, which has involved much di
PREV.   NEXT  
|<   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108  
109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   >>   >|  



Top keywords:

suicide

 

Nelson

 

destruction

 

policies

 

involved

 

slaughter

 
existence
 

opinion

 

companies

 

meaning


insanity

 

payment

 
policy
 

question

 

principle

 

company

 

assured

 
drowning
 
thrown
 

decisions


suggestions

 
judges
 

growing

 
demands
 
learned
 

faithful

 

payments

 

mental

 
family
 

lunatic


important

 

insane

 

faculties

 

Appeals

 

Another

 

subsequently

 

affirmed

 

current

 

exclude

 
contemplates

afflictions

 
clause
 

suffering

 

commission

 
possession
 

fearful

 

disease

 

frenzy

 
proviso
 

equity