O'Brien v. New England Mutual Life Insurance

Citations

• 109 Kan. 138
• 197 P. 1100
• 1921 Kan. LEXIS 93

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life Insurance — Evidence Supports Verdict Against Suicide. In an action upon an insurance policy in which a recovery against the defendant could not be had if the insured committed suicide it is held that the evidence was sufficient to support a verdict for the plaintiff.</p> <p>2. Same — Communication by Client to Attorney Privileged. Communications made to her attorney by a wife, with regard to a divorce suit pending against her, in the course of a conference on the subject at which the husband is present, are privileged so far as concerns testimony sought to be elicited from the attorney in an action to which neither the husband nor the wife is a party.</p> <p>3. Same. An attorney cannot be required to testify concerning communications made to him in that capacity, notwithstanding no objection is made by the client, who, not being a party to the litigation or present at the trial, has no opportunity to consent or to object to the testimony.</p> <p>4. Same — Statement of Coroner as' to Cause of Decedent’s Death Inadmissible. A report filed with the county clerk by the coroner stating' that he found a death to have resulted from a wound inflicted with suicidal intent and that a formal inquest was unnecessary, is held not to have been admissible as evidence of suicide.</p> <p>5. Same — Appearance of Gunshot Wound — Competent Witnesses. The evidence of the qualification of several witnesses to give opinions as to the probable distance at which a shot was fired, as indicated by the appearance of the wound, is held to have been sufficient to render their testimony on the subject admissible.</p> <p>6. Same — Presumption Against Suicide — Instruction. The contention that an instruction given in relation to the presumption against suicide was likely to have misled the jury, is held not to be well founded.</p> <p>7. New Trial — Newly Discovered Evidence — Insufficient Showing. Upon the hearing of a motion for a new trial on the ground o