DOCTOR’S DEATH

Southland Times, Issue 21561, 26 November 1931, Page 7

DOCTOR’S DEATH

CLAIM FOR INSURANCE COMPANY ALLEGES SUICIDE JUDGMENT FOB WIDOW (Per United Press Association.) Wellington, November 25 Tlie widow of Dr. H. G. Moser, Mrs Alison Masters Moser, of Masterton, succeeded in her claim for £lOOO under an insurance policy from the Norwich Union Life Insurance Society, Mr Justice Ostler giving judgment in the Supreme Court to-day for the amount claimed with costs. Tlie defence alleged that Dr. Moser committed suicide and that the policy became void on that account. His Honour said the onus of proof was on the defendant company and that onus had not been discharged. Dr. Moser was found dead in his surgery in circumstances which the company claimed pointed to suicide, but at the inquest an open verdict was returned. After hearing the evidence of several doctors concerning the effects of anaesthetics and other evidence, his Honour said the onus was on defendant company to prove that Dr. Moser committed suicide and that was not to be lightly discharged. It should not depend upon mere balance but should be well weighed down. In his opinion the company had not discharged the onus lying on it. He could not accept the suggestion that oiled silk was tucked in under the collar, for there was no evidence to that effect. No motive had been shown for suicide and the evidence at the inquest did not definitely establish the cause of death. His Honour said he was satisfied that if chloroform was used it was in a small and non-dangerous quantity. He agreed with the deductions of Dr. Wilson and Dr. Lynch that deceased would have used a much larger piece of wool saturated with chloroform if he had intended to commit suicide. The use o! two pads did not prove that chloroform was used in u quantity likely to be dan gerous. The proof offered by the cony pany amounted to little more than probability, and that being so, the company had failed" to prove its case. Taking all the circumstances into account, the probability was that death was due to other causes than suicide. Judgment would be for plaintiff for the amount claimed with costs.