Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1895-05-10

INTERESTING POINT m LIFE lhsuR-
ANcE DECIDED m COURT.

The InsurIng Company Dii Not Want 90
Pay Decause tho Mai Has Mm dered.
The Judge Decided In Favor of the
Plaintiff "A Very Interesting Case.
A trial involving So, 900 and hinging
upon tho question whether or not murder
IL IN accident wns decided In tho afilrma-
tive by jury I'm the United States circuit
court IA few days ago. The murder was
committed In Dallas.
One Of the leading business firms I'm that
bustling town was known as I.angdon,
Gill a. Parrish, lumber merchants. Young
Mr.. Langdon was the senior member and
one of tho most popular men In the town.
II was his social success, so 10 was said,
that led to the first quarrel between him
and Parrish, the third member of the Arm.
In December, 1892, Langdon took out "a
policy on his life for %, 600 In New York
accident insurance company. About two
months later serious difficulties arose be-
tween him and his partner, Parrish. Tho
latter on one occasion when Gill, the
other member OF the firm, was out OF the
Office, locked tho door, and, drawing pis-
tol, attempted to shoot Langdon. The lat
ter grappled with him and managed to
hold the pistol of his person, while he
begged 80 hard for life on account OF his
wife and children that Parrish relented.
The men shook hands, and To all outward
appearances became good friends again.
However, on the evening of Oct. 90,
1898, while Langdon was returning home
from church some one stole up behind and
struck him fearful blow upon the head
with n long piece Of gas pipe. Itwas found
beside Langdon's body when no was dis
covered by friends few minutes later.
He was carried into his house. but died
next morning.
A negro who was arrested for the crime
confessed and implicated Parrish. Par
rish was also arrested, and when in Jail
succeeded I'm taking his life.
Stella +. Langdon, the widow OF the
murdered man and tho beneficiary named
in his insurance policy, put in her claim
for %, 600. The company promptly refused
to pay tho insurance. contending that
Langdon's death was not tho result of an
accident, as intended within the meaning
of the policy. Mrs. Langdon at once in
stituted n suit In the United States circuit
court for this district, and tho case came
up for trial before Judge Wallace. The
case was so unusual that tho courtroom
was crowded on the trial day, principally
by lawyers eager 10 hear the evidence In
so novel q suit. The case for the plaintiff
was presented by Leopold Wallach Argu-
ment on both sides was brief, and the case
was settled in an hour and 20 minutes.
Mr.. Murray contendcd that nothing
"could be an accident the result Of which
was intended by the person committing
tho aot." In support Of the theory he
quoted extensively from works giving def
initions OF the word accident as something
occurring unforeseen and not intended"
He held that In Langdon's case death was
intended, and therefore not an accident.
He also supposed case.
Here" he said, sis a man who has
been killed. You tell friend, and he asks:
How did he dieP Was It an accidentY and
the reply would come naturally, NO; he
was murdered
Mr. Wallachs argument was even more
brief. He held that anything and every
thing not In the natural order OF events to
be expected or anticipated was accidental.
He cited decision recently rendered In
the United States supreme court to the
effect that even the suicide Of an insane
person was an accident within the defni-
tion Of the term in law, and also quoted
another case wherein the death Of man
hanged by mob was adjudged TO be an
accident by the courts. Judge Wallace evi-
IDENTIFY took the same view Of the matter,
for he directed the jury to bring In YER
dict for IS, 900, the full amount of the pol
icy and interest for Mrs. Langdon.
This probably settles one of the most
unique suits ever tried In the federal court
and establishes a new principle in insur-
ance law New York World.
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