, 1879-05-24
THE COURTS.
Judge Rogers Decision in Favor Of the
Insurance Company.
A Warming to Contractors 10 Put Up
Substantial ScalToldIng.
Record Of Judgments, New Suits, Etc..
Recovering for Locomotives.

AklVosu4AAS1 AVA AVbVA4NklYV1s
The following IL the optnion In full Of Judge
Rogers In TIM case Of Annie 3. Lawrence Va.
The Mutual Ltfc-1nsuranco Company, deridcd
TllursdRs by Judge 11ogerb, mud u aynopsts nf
which was pnbllst,cd In yaatcrlay's TRIBUNE.
The ault WAS brought to rccoYer on n policy OF
Insurance. Issued to jeremiah Il. Lawrence IN
fayor Of his wife. 1io died from an accidental
overdose Of lauuan,lm, and the Company con-
tended this was witliu the prov'so Of the policy.
which oxcmpte1 It II tho assured died by his
own baud voluntarily or insotuntarllv:
In thts CntH. gentlemen. anl reluctantly COM
pcled e sns:an iho fnotton that i rnado. Tie
tract hetwxen tho pATties IL one that canol he n!s
n.Ieratorti, and althoueh ID the particular case, a.
contract, Il ii seemingly hard. rel tic Court wonld
be oamnelled under such contract 10 decide that
m act!on cannot be n'aI1talnnd upon tic facts -
There Is one satisfaction In this. however that
u certainly csse that would never be finally DO.
ciasd or settled upon a ni5i prius Trial, md the
WIZ b. for all rartes and the tnrics Will be The
termination u The litigation. i il throwing the
Il T. to be fa G1o ~ Tie pan who
bn BltI It toris but vary tttle, and tlcsc would be
no trouble about TINT.
eclf f.tc.trnetion Of tic ncrson, whether Voluntary
Y Involuntary Of whottlcr he bs cane or Insane at
tl!e time, y not risk assumed by tho company.
70 enfotcc II, although 10 the mind Of tue cour.
It does socm lard that. after man has paid hia
pselnlu,na, mud acenrel what 70 supposed 70 be a
m LOT ny ian'i!y aitet ~ 1eatn tney
Intended to result In ls dcath.
there ia po doubt whatevor, tIcu II IL rIsE not
assumed bS tfis COMPANY; and, as has bern we'll
rait IN argument, with no questlon of insanity,
md no element Of Insanity Involved. there 70 no
n Fr a IN II ~
tne aet Hhteh resnlted ~ ~ 4eatn: no Ehe PR
ssetly sane nnd conscious; ana IN such eondit1on
VA. ninr snAi it, NC Setcinrc s o ~
frce viii sn, n,rnncnu5ii sn nj ,srh c,r.sd hts
dangerous poson, il doses that, ~ il wei known,
would result IN tiat way.
Tho net Of Obtaining and taking the 1audanum IL
t no kenee at a1i ~ accident, but 1t wss frcc vol.
~. nnu sHtonai ae'' ri ~ n!ue M..sLnkt:
was tho taking On overdose Of poison-Ecucatrd
,o;ss nase"Lapsn h,s own Judgment, which, es
death, WIS pFodnccd by that aei, The act eon'mt-
iel wat voluntary; It was sc!f-dcstructlnn result
,ne ir9n, ins voluntary ast attoagh te slteSt va
~ ~ xr Mas ~ m ~. ~ ,xI.
wem n ne i W. n"sou ~ thst
md II enth ensued tho Comnnny. In nil n,obabil.
ty. would be Responsible, although In The tcc1nt-
cal sense ns the word. It might By eA:ruction,
OF acath Woia not be IT, fesai' o. tae inteniled
sM s,ooa p''e a''' 'ne '"a' "'' pe''s'''' u'''s''
ii IL not necessary to 20 further. / have not had
time to review all Of tic authorities. and have
not deemed u necessary. have not hsl time to
tiys and II ,oeca cnnn "' W. So,a ~ tke u syer
in case Of flts sott. Thcso caeesnrc sprun. upon
lis at Ilsi nrus and we nro comnvlod to disrate OF
them a. they cumo np, not having III Opportunity
to adjonrn Coust, whun occupied With jury VIC
se not ,sss ae to sonsf the Ser % .o,t
probability or poEsioilit1 that ~, plalntn cona