John Marshall Harlan

“ The condition that direct and positive proof must be made of death having been caused by external, violent, and accidental means, did not deprive the plaintiff when making such proof, of the benefit of the rules of law established for the guidance of courts and juries in the investigation and determination of facts. Upon like grounds, we sustain the ruling to the effect that the jury should not presume, from the mere fact of death, that the insured was murdered. ”

“ Nevertheless, the instructions to the jury were so worded as to convey the idea that, if the insured was murdered, the plaintiff was entitled to recover; in other words, even if death was caused wholly by intentional injuries inflicted upon the insured by another person, the means used were 'accidental' as to him, and therefore the company was liable. ”

“ Such being the contract, the court must give effect to its provisions according to the fair meaning of the words used; leaning, however, where the words do not clearly indicate the intention of the parties, to that interpretation which is must favorabel to the insured. ”