Mobile Life Insurance Co. v. Brame
United States Supreme Court
95 U.S. 754 (1877)
- Written by Sharon Feldman, JD
Facts
Mobile Life Insurance Company (Mobile) (plaintiff) insured Craven McLemore’s life. Brame (defendant) shot and killed McLemore. Mobile paid the policy proceeds and sued Brame to recover them, alleging that Brame’s illegal and tortious act caused Mobile damages in the amount of the policy. The Revised Civil Code of Louisiana (code) provided that one whose act caused damage to another was obliged to repair the damage, and if the injured person died, certain family members had the right to recover from the person who caused the damage. The court sustained Brame’s exception to Mobile’s petition and entered judgment for Brame. On appeal, Mobile maintained that McLemore’s killing violated a right or interest of Mobile, and Mobile’s loss was proximately caused by the injury to that right or interest. Brame argued that Mobile’s loss was an indirect and remote result of Brame’s act, no civil action lay at common law for an injury that resulted in death, and no statute applied.
Rule of Law
Issue
Holding and Reasoning (Hunt, J.)
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