Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-05-12
MRS. LANapoNs SUIT.
Murder Is an Accldent-An Interesting
Point in Accident Insurance

Point in Accident Insurance
Put this question TO the nrst friend
YOU meet: would you regard a muir
der ma an accident TO the victim
and his reply will he most probably
why, most certainly not net, upon
reelection. he will be obliged TO chanSe
mai nnsysr. for OF all the ways ana
means OF death murder is the most uh-
A trial involving $4,000 and Ringing
upon tho question whether or mot mur-
der ia an accident. was decided IN me
Alternative by Jury In the United
States circuit court a few days ago
The murder was committed In Dallas,
Tex. a. T.,
that bustiIng town was known as Lang
don. Gin & Parrish. lumber merchants.
Young MIR. Langdon was the senior
member In December. 1892,
Langdon took out a policy on his hfe
for $1,000 IN the United states Mutual
Accident Insurance company of No. 52o
broadway, this city. on the
evening OF October 20. 1898, while Lang
don was returning home from churcn'
and was just about opening the gate
leading to his house, some one stole up
behind and struck him fearful blow
upon the head with n long piece OF
gnspipe having a heavy knot In the.
end OF It, II was found beside Lang
don'a body when he was discovered
by friends few minutes later. lie
was carried Into his house. but died
next morning.
stella r. Langlon, the widow OF the
murdered man, and the beneficiary
named In hts insurance policy, put In
her claim for $1,000. The company
promptly refused To pay the Insurance,
contendlng that LangdOn's death was
not the result OF an accident, as IN
tended within the meaning OF the pol
Icy. Mrs. LangdOn Mt once Instituted
suit in the United States circuit court
for this district and the case came
up for trial before Judge Wallace.
The case was 30 unusual that the court
room was crowded on the trial day,
principally by lawyers eager to hear
the evidence In 80 novel II suit Tho
case for the plaintiff was presented By
Leopold Wallach Of No % wall street.
and that for the defendant by David
Murray OF No, 500 Broadway. Argu-
mcnt on both sides was brief and the
case was settled In an hour and twenty
minutes.
Mr. Murray contcndcd that nothing
could be an accident the result Of
which was Intended by the person COM
hitting the act" In support OF the
theory he quoted extensively from
works giving definitions OF the word
accident as something occurring "un-
fOresecn and not Intended" lie held
that In LanEdou's case death was in
tended nnd therefore not an accident.
Hc also supposed case,
Here" he said, "ls man who has
been Killed, You tell friend. and he
asks How did he die; was It an acct
dent" and the reply would come natur-
ally, No he was murdered
lie also quoted from a book on modi-
co-lcgnl Jurisprudence, which defined
killing as homicidNl, suicidal and accl-
dental, and declared that the obvious
Inference was that homicldnl and nc
cideutal were nntagoniatlc terms,
MIR. Walachs argument was oven
more brief. lie held that anything and
everything not In the natural order or
events TO be expected or anticipated
was accidental lie cited decision
recently rendered in the United States
supreme court 10 the effect that even
the suicide OF an insane person was
an accident within the meaning OF the
definition OF the term IN law, and also
quoted another case wherein the death
or man hanged by mob was nd-
judged to be an accident by the courts.
Judge Wallace evidently took the same
view Of the matter. for he directed the
jury to bring In verdict for 5000, the
full amount Of the policy and interest,
! for Mrs Lnugdon.
| This probably settles one of the most
| unique suits ever tried In the federal
| court and establishes u new principle
! In Insurance law
The Insurance company has not vet
announced whether II will apppnl Tho
| case. II has thirty days In which IL
! file the appeal. but II Is understood
| That the lawyers Tor the company
recognize that tho decision or the courI
would not be ovcrruled. Judge Wal
! l1oo's decisions rarely arc.-Now Yorl
World.
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