Butler v. Supreme Court of the Independent Order of Forresters

Citations

• 60 Wash. 171
• 110 P. 1007
• 1910 Wash. LEXIS 1022

Syllabus

<p>Appeal — Decision-—Law oe Case. Upon a second appeal, tbe decision on the former appeal becomes the law of the case.</p> <p>Insurance — Actions — Proof of Death - — ■ Question for Jury. Whether the insured, whose absence was unexplained for many years, met his death shortly after leaving home and while the policy was still in force, is for the jury, where it appears that he was industrious and of good habits and left a wife and young children, with whom he was living pleasantly, saying that he was going on a short trip to mines, in which he was interested, and which were in a wild mountainous county, and was never again heard from, although diligent search was made for him at the time of his disappearance.</p> <p>Insurance — Policy—Forfeiture — Prohibited Employments. A life insurance policy containing a prohibition against engaging in mining or prospecting is not forfeited by a visit to mines in which the insured was interested.</p> <p>Trial — Special Verdict — Discretion. It is discretionary with the trial court to require a special verdict.</p> <p>Insurance — Actions—Proof of Death — Evidence—Admissibility. Upon the sudden disappearance of an insured, whose absence was never accounted for, it is permissible to show his general character by evidence of his previous conduct.</p>