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SUMMARY OF EVENTS.

UNITED STATES.

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KILLING OF INSURED PERSON. ACTION BY INSURANCE COMPANY. Mobile Life Ins. Co. v. Brame. U. S. SUPREME COURT.- In error to the U. S. Circuit Court for the District of Louisiana.

The somewhat novel attempt was made in this case, to hold the defendant liable to the plaintiffs for the amount they had been obliged to pay to the representatives of one McLemore, whose life they had insured, and who was killed by the defendant.

The facts appear in the opinion of the court (Mr. JUSTICE HUNT), which was as follows:

"The plaintiff, a life insurance company, brought suit in the United States Circuit Court against the defendant, to recover the sum of $7,000, on the following alle gations:

"That plaintiff had insured the life of one Craven McLemore, a citizen of Louisiana, for the sum of $2,000, in favor of John P. Kennedy, for the sum of $2,500 in favor of Sanders, Garner, & Co. (which was subsequently assigned to John H. Garner, Sen.), and for $2,500 in favor of John H. Garner & Co.

That on the twenty-fourth day of October, 1875, while said policies were in force, in the town of Delhi, in Louisiana, the defendant Brame did wilfully shoot the said Craven McLemore and inflict upon him a mortal wound, from the effects of which he died on the twenty-sixth day of October, 1875. That the said shooting was an illegal and tortious act on the part of said Brame, and caused damage to the plaintiff in the said sum of $7,000, being the amount of said policies on the life of said McLemore, which plaintiff acknowledges to be due, and a part of which it alleges has been paid.

"Defendant filed an exception (demurrer) to plaintiff's petition.

"The Circuit Court gave judgment for the defendant; and to this judgment the present writ of error is brought.

"The argument of the plaintiff is this, that the act in question was an injury to or violation of a legal right or interest of the plaintiff, that the plaintiff sustained a loss as a consequence thereof, and that the loss is the proximate effect of the injury.

"The answer of the defendant is founded upon the theory that the loss is the remote and indirect result merely of the act charged, and the principle that at the common law no civil action lies for an injury which results in the death of the party injured, and that the statutes of Louisiana upon that subject do not include the pres

ent case.

"The authorities are so numerous and so uniform to the proposition that by the common law no civil action lies for an injury which results in death, that it is impossible to speak of it as a proposition open to question. It has been decided in many cases in the English courts and in many of the State courts, and no deliberate, wellconsidered decision to the contrary is to be found. In Hilliard on Torts, p. 87, § 10, the rule is thus laid down: Upon a similar ground, it has been held, that at common law the death of a human being, though clearly involving pecuniary loss, is not

the ground of an action for damages.' The most of the cases upon the subject are there referred to. Baker v. Bolton, 1 Camp. 493; Conn. Ins. Co. v. N. Y. & N. H., 25 Conn. 265; Kramer v. Market, 25 Cal. 235; Indianapolis v. Kealy, 23 Ind. 133; Hyatt v. Adams, 16 Mich. 180; Shields v. Young, 15 Ga. 349; Peoria v. Frost, 37 Ill. 333. The only cases that tend to the contrary of this rule, so far as we know, are those of Cross v. Guthery, 2 Root, 90, of Plummer v. Webb, Weare, 75, and of Ford v. Monroe, 20 Hurd, 210. These cases are considered by the New York Court of Appeals in the case of Green v. The Hudson R. R. Co., 2 Keyes, 300, and compared with the many cases to the contrary, and are held not to diminish the force of the rule as above stated. In the case of Green v. Hudson R. R., the plaintiff alleged that on the ninth day of January, 1856, his wife was a passenger on the defendants' road, and by the gross carelessness and unskilfulness of the defendants a collision occurred, by means of which his wife was killed, whereby he has lost and been deprived of all the comfort, benefit, and assistance of his said wife in his domestic affairs, which he might and otherwise would have had, to his damage,' &c. A demurrer to this complaint, upon the ground that the facts alleged constituted no cause of action, was sustained by the New York Court of Appeals.

“In Hubgh v. N. O. &C. R. R. Co., 6 La. Ann. 496, the same principle was decided, and in the same manner. In giving its opinion, the court say: 'The exception of the defendants presents the question, whether the death of a human being can be the ground of an action for damages.' Not being satisfied with this decision, Messrs. Ogden & Duncan asked for a rehearing, the argument for which is reported in the eleven following pages of the same volume, and which was denied in an elaborate opinion, delivered by Chief Justice Eustis.

"In Herman v. Carrollton R. R. Co., 11 La. Ann. 21, this principle was again affirmed, in an opinion by Chief Justice Merrick.

"It is only necessary to refer to one other case, which involves the same principle as those already cited, but which in its facts more closely resembles the case we are considering.

"In Connecticut M. L. Ins. Co. v. N. Y. & N. H. R. R. Co., 25 Conn. 265, the declaration alleged that on the twentieth day of March, 1850, the plaintiffs had outstanding and in force a policy of insurance for $2,000, upon the life of Samuel Beach; that Beach was on that day a passenger on the defendants' road; that the defendants so carelessly, negligently, and unskilfully conducted themselves that the train on which Beach was riding was thrown down a bank into the river; that Beach was greatly wounded and bruised, by means whereof he then and there died, by reason of which the plaintiff's were compelled to pay to his administrators the sum of $2,000 upon the said policy.

"The allegation of the present plaintiffs is, that Brame tortiously and illegally took the life of McLemore by shooting him. This is open to the inference that the act of Brame was felonious. The case in Connecticut is based upon the allegation of negligence and carelessness, and is the more favorable to a recovery in that it avoids the suggestion existing in the present case, that the civil injury is merged in the felony. The Supreme Court of Connecticut held that the action could not be sustained.

"We have cited and given references to the important cases on this question : they are substantially uniform against the right of recovery.

"Upon principle, we think no other conclusion could be reached than that stated. The relation between the insurance company and McLemore, the deceased, was created by contract between them. But Brame was no party to the contract. The injury inflicted by him was upon McLemore, against his personal rights; that it happened to injure the plaintiff was an incidental circumstance, a remote and indi

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