STARKEY PAINT CO. v. SPRINGFIELD LIFE INS. CO.

No. 7414SC901.

211 S.E.2d 498 (1975)

24 N.C. App. 507

STARKEY PAINT COMPANY, INC. v. SPRINGFIELD LIFE INSURANCE COMPANY, INC.

Court of Appeals of North Carolina.

February 5, 1975.


Attorney(s) appearing for the Case

Norman E. Williams, Richard M. Hutson, II, and R. Hayes Hofler, III, Durham, for plaintiff-appellant.

Bryant, Lipton, Bryant & Battle, P. A. by James B. Maxwell and Lee A. Patterson, II, Durham, for defendant-appellee.


ARNOLD, Judge.

Plaintiff's first assignment of error is directed to the following instruction given by the trial court:

"Now, members of the jury, I want to instruct you that in a suit to recover upon a policy of life insurance where the Insurance Company contends upon the grounds that the insured's death was caused by suicide, the burden of proof is upon— once the defendant has presented its evidence relating to the defense of suicide, then the burden...

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