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Sister ol Victim. ol: Tragedy at Red Gab’es Secures Favorable Verdict• From Supreme Court.' / •• . v . . » '' The Supreme Court.has filed xn opinion which , recalls : the . tragedy, at. Ret* Gables*: hear Village Green*.. on • the night of October 6* ISOS.- when Captain J. Clayton Erb was.kUled by nnrtlng m favor of. his sister, Kale UHa tab, in her' suit, against - the Commercial Mutual Accident Company. _ to --.recovei.• 53.000-on an insurance policy., •.. : Mra. Erb ..and her sisiert .Mrs; Catherine Belsel. were tried foi; murder at Media -and were acquitted by_a'jury. The insurance .company contended uutt, the death , of Erbv\vaa not due .tovan accident. •• The -opinion- says: v '.. ... ,.**Thc findings of fact by :.the learned -refbree, whose ability,and long proiea-.skmai and judicial, experience ■ ent tie them: to great weight, were thot.the in-• sured: did not: point - the pistol 'at Mrs. •Belsci with the. intention to injure her. .but to force her' to leave , the house;■ that in - the -struggle. : with . her, for the possession ■ of .the pistol eachwas tryr ing to prevent the other from using; it; : that.. in - advancing;- towards ;, her. when , she .'had. 'the pistol,.dus purpose, -was. to regain ’ possession bf-.it, not ~o, continue ;the ' assault: ■ that ..when, tho fata]' shot was;fired he had ;.retreatea from; the place. wherethe struggle had occurred,' and was : near • hisbedroom; 'door; .that -Mrs; Beiset idid not' intend; to kill the insured* /and was . riot con;* acious;of pulling- :the), frlgge^:, mid •.not aim and that.:the shooting ;.w*b .T?1™-: ahd purposeless, a: .;•• v-:!:-The correctness - of; .the-; referee s. 'findings is not questioned. -;;Hls./clt;m-v Elusion of Jaw is: approved by .the. court. : that under . all;.the. facts..the vclciith-Ot the Insured .was an-'accident -within; the. .meaning , of the policy, \V:;-.Underv.;.y^words of the» policy the deathVof an •in.-• sured.:-would .not:.he ^effected'/hy^a.ccl^: dental means Jf-it were the;natural and .probable consequence, of..-Tils:own act*• and . should have :been^forcscemItlt;wonld- ncV bo accidentalif-the .result.of a duel-or of: a'deadly^ assatdt com-; /meheed by him- where; lie;had .reason.■ to expect a deadly; defense, and gener-‘ally where.by - his' conduct hG bud: .In-:;vlted' violence* .tho / reasonable1. consequence- o£ -which “ he .should; have anti-;. cipated; ; - But -under theacts, of: the.. case; .the insured! Infd :hooccasionsto, anticipate :danger when he- began; the; ••assault -.He: continued r; the Vstriiggl e: uftcr he - had lost tho/pistol: to ' prevent.Its use;against:lilrnself,and liad.with-. drawn from the conflict•;when-.ho'ro--ceived the-! fatal wound.:-v The-. judgment is :•ftftarmed/^:,;V;'
Newspaper Details
Chester Times
Chester, Pennsylvania, US
Fri, Jul 07, 1911
Page 5
Full Page
Clipped by
Delaware C.
PA, USA 05 Apr 2022
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