{
  "id": 2873458,
  "name": "Ella A. Pixley, Appellant, v. Illinois Commercial Men's Association, Appellee",
  "name_abbreviation": "Pixley v. Illinois Commercial Men's Ass'n",
  "decision_date": "1915-10-06",
  "docket_number": "Gen. No. 20,891",
  "first_page": "135",
  "last_page": "138",
  "citations": [
    {
      "type": "official",
      "cite": "195 Ill. App. 135"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T18:42:01.145099+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ella A. Pixley, Appellant, v. Illinois Commercial Men\u2019s Association, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Fitch\ndelivered the opinion of the court.\n5. Insurance, \u00a7 419 \u2014when death by poison is by accidental means. Where a certificate of insurance provided for payment of a prescribed indemnity in case of death caused by \u201cexternal, violent and accidental means,\u201d held that a death due to an overdose of morphine, taken by insured without intent to cause death thereby, was within the meaning of the words quoted.\n6. Insurance, \u00a7 419 \u2014when evidence sufficient to show accidental death. Evidence in an action to recover on an insurance policy on the life of one who died from an overdose of morphine self-administered, examined and held to show that deceased did not intentionally take a poisonous amount, but either acted in ignorance of the effects of morphine in general, or because he did not know that such an amount would affect him injuriously.\n7. Insurance, \u00a7 419 \u2014when death by morphine defeats recovery. In an action to recover on a certificate of insurance, where it was stipulated that insured\u2019s death was due to \u201can overdose of morphine,\" and where it appeared that morphine was a narcotic, an overdose of which was poisonous, and that at the time of death insured was under the influence thereof, held that such stipulation precluded plaintiff from recovering, it appearing that the application for such insurance, signed by plaintiff, expressly excepted, as grounds of liability of defendant thereunder, such injuries as insured might receive \u201cwhile under the influence of * * * narcotics, or in consequence thereof, * * * nor from intentional or unintentional taking of poison,\u201d such stipulation being necessarily construed as an admission that insured\u2019s death was due to a poisonous dose of morphine.",
        "type": "majority",
        "author": "Mr. Justice Fitch"
      }
    ],
    "attorneys": [
      "Bartlett & Chamberlain and Beach & Beach, for appellant.",
      "Ryan & Condon, for appellee; Irvin I. Livingston, of counsel."
    ],
    "corrections": "",
    "head_matter": "Ella A. Pixley, Appellant, v. Illinois Commercial Men\u2019s Association, Appellee.\nGen. No. 20,891.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1914.\nAffirmed.\nOpinion filed October 6, 1915.\nStatement of the Case.\nAction by Ella A. Pixley, plaintiff, against the Illinois Commercial Men\u2019s Association, defendant, in the Municipal Court of Chicago, to recover on a certificate of insurance wherein plaintiff was designated as beneficiary.\nThe essential facts are undisputed. It appears that prior to his death, insured was subject to severe attacks of headache, and on two or three occasions, many years before his death, he had taken morphine to relieve the pain; that on Friday, September 22, 1911, he told a woman servant at his apartment that he had not been well, and was nervous; that the following morning he appeared at the apartment and said to the woman who opened the door for him, \u201cI am awfully sick, and want to come in and go to bed\u201d; that he also said'that he did not want a doctor, but merely wanted to rest; that he went into his bedroom and shut the door, and about noon, he sent word to his wife \u201cthat he was at the apartment being taken care of, and for her not to worry\u201d; that he ate nothing that day; that about two o\u2019clock in the afternoon, one of his servants went to his bedroom door and asked him if he wanted anything, receiving a negative reply; that he was then standing, holding a bottle containing small white tablets; that he had two or three of the tablets in his hand, and was counting out others; that in reply to an inquiry as to what he was taking, he said it was \u201csomething to ease the pain\u201d in his head, \u201csome medicine he got at the drugstore\u201d; that he asked for a glass of water, and handed the bottle containing the tablets to the woman, who took it from the room and left it in a bedroom adjoining, where it was found the next day; that about half an hour later, he became nauseated, and went into the bathroom, but returned to his bedroom a few minutes later; that about six o\u2019clock in the evening, he came out, partly dressed, went to the kitchen, where he chatted with the woman for an hour and a half; that he said he felt better, and thought he would go to his farm; that later he came out of his bedroom dressed and with his hat and overcoat on, smoking a cigar; that he sat down and talked for another half hour, and then, saying that he felt \u201cshaky,\u201d returned to his bedroom, undressed and went to bed; that during the night he grew worse, and in the morning two physicians were called, but they were unable to arouse him, and he died about eleven o\u2019clock Sunday evening; that an autopsy was had, and the doctors making it certified \u201cthat the findings were consistent with morphine poisoning,\u201d and \u201cthat no other cause of death was found.\u201d It was stipulated in the record, however, \u201cthat the deceased died from \u00e1n overdose of morphine.\u201d\nAbstract of the Decision.\n1. Insurance, \u00a7 745 \u2014when by-laws part of contract. In an action to recover on a policy of insurance on the life of one who died from an overdose of morphine self-administered, where the policy makes the by-laws and application a part of the contract, it is not only necessary that the beneficiary show that the death was \u201caccidental,\u201d as provided by the terms of the policy, but also that it fell within the provision of the by-laws limiting the insurer\u2019s liability to death caused by \u201cexternal, violent or accidental means,\u201d and not within the exceptions in the by-laws and application relieving the insurer from liability, where death was caused by the \u201cintentional or unintentional taking of poison,\u201d or while deceased was under the influence of any narcotic.\n2. Insurance, \u00a7 419 \u2014what agency of accidental death. A death which is the result of an accident, or is unnatural implies an external and violent agency as its cause.\n3. Insurance, \u00a7 419 \u2014what constitutes accidental death. An accidental death is one which is undesigned or unintended, the word \u201caccidental\u201d being, in such connection, the antithesis of \u201cintentional.\u201d\n4. Insurance, \u00a7 419 \u2014when death accidental. In an action to recover on a policy of insurance which provided for the payment of an indemnity upon the \u201caccidental death\u201d of insured, where the evidence shows that insured died from an overdose of morphine self-administered, that morphine in small quantities is not poisonous but only when taken in excess, and that his taking of the overdose was unintentional, held that the death was \u201caccidental.\u201d\nFrom a judgment for defendant, plaintiff appeals.\nBartlett & Chamberlain and Beach & Beach, for appellant.\nRyan & Condon, for appellee; Irvin I. Livingston, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0135-01",
  "first_page_order": 161,
  "last_page_order": 164
}