David Josiah Brewer

Name: Supreme Lodge Knights of Pythias of the World v. Beck — Opinion of the Court
Author: David Josiah Brewer

Supreme Lodge Knights of Pythias of the World v…

Summary

“Supreme Lodge Knights of Pythias of the World v. Beck — Opinion of the Court”, is a work by David Josiah Brewer. It explores elements such as testimony, gun and verdict.

Quotes from Supreme Lodge Knights of Pythias of the World v… (David Josiah Brewer)

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ He is not a mere moderator of a town meeting, submitting questions to the jury for determination, nor simply ruling on the admissibility of testimony, but one who in our jurisprudence stands charged with full responsibility. He has the same opportunity that jurors have for seeing the witnesses, for noting all those matters in a trial not capable of record; and when in his deliberate opinion there is no excuse for a verdict save in favor of one party, and he so rules by instructions to that effect, an appellate court will pay large respect to his judgment. ”

[↩︎]

Source: Wikisource

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ The only evidence that he ever though of taking his life is the testimony of a domestic who had worked in the family for two or three years, but had left a year and four months before his death, that when once she called his attention to the fact that he was drinking heavily his reply was that 'a man that has as much trouble as he had, the sooner the end came the better,' and a similar remark at another time, that such a man 'would be better off dead than living.' Two days before his death his wife left her home and went to a neighbor's. ”

[↩︎]

Source: Wikisource

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ Under those circumstances it is impossible to say that beyond dispute he committed suicide. The discharge of the gun may as well have happened from the careless conduct of a drunken man as from an intentional act. At any rate, the question was one of fact, and the jury found that he did not commit suicide, and after its finding has been approved by the trial court and the court of appeals we are not justified in disturbing it.
Neither can it be said that death came 'in violation of or attempt to violate any criminal law.' Before he left home with the gun he said he was going hunting. ”

[↩︎]

Source: Wikisource

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ We said that a trial court had the right, under certain conditions, to direct a verdict one way or the other (citing several cases to that effect) , but added:
'It is undoubtedly true that cases are not to be lightly taken from the jury; that jurors are the recognized triers of questions of fact; and that, ordinarily, negligence is so far a question of fact as to be properly submitted to and determined by them. ”

[↩︎]

Source: Wikisource

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ In this respect the court charged the jury as follows:
'Here is an instruction asked which I refuse, and I wish to state here that is the instruction that if Frank E. Beck was violating any law at the time he was killed, why under the policy he cannot recover-under the by-laws. As I understand that by-law, it must be a case where a man is in the act of violating the law. For instance, if a man, in breaking into a house is killed in the act, he cannot recover. If a man is in a quarrel and gets killed he cannot recover. ”

[↩︎]

Source: Wikisource

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ Whether the deceased committed suicide was a question of fact, and a jury is the proper trier of such questions. It is not absolutely certain that the deceased committed suicide. The following are the facts, at least, from the testimony, the jury was warranted in finding them to be the facts: The deceased and his wife had been married some six years. ”

[↩︎]

Source: Wikisource

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ For instance, if the deceased had started with the avowed intent to to kill his wife, and while walking down the street a tree had fallen and killed him, the fact that he was starting upon an intentional violation of the law would not make this stipulation applicable, because the cause of his death would be entirely disconnected from the criminal act. ”

[↩︎]

Source: Wikisource

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ The death must in some way come as a consequence of the violation or attempted violation of the criminal law, and the stipulation does not apply when it is simply contemporaneous and in no manner connected with the alleged violation or attempt to violate. ”

[↩︎]

Source: Wikisource

David Josiah Brewer, Supreme Lodge Knights of Pythias of the World v…

“ But if a man contemplating that he was going to kill his wife if she didn't go home with him, but was not in the act and doing that at the time he was killed, that clause of the policy does not apply.'
This instruction correctly states the law. ”

David Josiah Brewer

Summary

Quotes from Supreme Lodge Knights of Pythias of the World v… (David Josiah Brewer)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature