Our Krings Family History


Print Bookmark

Notes


Matches 201 to 250 of 4,024

      «Prev 1 2 3 4 5 6 7 8 9 ... 81» Next»

 #   Notes   Linked to 
201 <p>"West Virginia Births." Index. FamilySearch, Salt Lake City, Utah, 2008, 2009. From digital images of copies of originals housed in County Courthouses throughout West Virginia. Birth records.</p> Source Source: S672 (S672)
 
202 <p>Department of Commerce and Labor, Bureau of the Census. <i>Official Register of the United States, Containing a List of the Officers and Employees in the Civil, Military, and Naval Service.</i> Digitized books (77 volumes). Oregon State Library, Salem, Oregon.</p> Source Source: S661 (S661)
 
203 <p>Dodd, Jordan R, et. al. <i>Early American Marriages: Texas to 1850</i>. Bountiful, UT: Precision Indexing Publishers, 19xx.</p><p>Hunting For Bears, comp. Texas marriage information taken from county courthouse records. Many of these records were extracted from copies of the original records in microfilm, microfiche, or book format, located at the Family History Library.</p><p>Texas Department of State Health Services. Texas Marriage Index, 1966-2011. Texas Department of State Health Services, Texas.</p><p>Dodd, Jordan, Liahona Research, comp. (P.O. Box 740, Orem, Utah 84059) from county marriage records on microfilm located at the Family History Library in Salt Lake City, Utah, in published books cataloged by the Library of Congress, or from county courthouse records.</p> Source Source: S1059 (S1059)
 
204 <p>Enrollment of Ex-Soldiers and Sailors, their Widows and Orphans, 1889. Unit ID #190462, 69 volumes. Records of the Adjutant General’s Office. Kansas State Historical Society, Topeka, Kansas.</p> Source Source: S842 (S842)
 
205 <p>Georgia, Office of the Governor. Returns of qualified voters under the Reconstruction Act, 1867. Georgia State Archives, Morrow, Georgia.</p> <p>Georgia, Office of the Governor. Reconstruction registration oath books, 1867, Georgia State Archives, Morrow, Georgia.</p> Source Source: S1167 (S1167)
 
206 <p>Hinshaw, William Wade, et al., compilers. <i>Encyclopedia of American Quaker Genealogy</i>. 6 vols. 1936–1950. Reprint, Baltimore, Maryland: Genealogical Publishing Co., 1991–1994.</p> <p>Hinshaw, William Wade. Marshall, Thomas Worth, comp. <i>Encyclopedia of American Quaker Genealogy. Supplement to Volume 1</i>. Washington, D.C.: n.p. 1948.</p> Source Source: S945 (S945)
 
207 <p>Indiana State Board of Health. Birth Certificates, 1907-1940. Microfilm. Indiana Archives and Records Administration, Indianapolis, Indiana.</p> Source Source: S851 (S851)
 
208 <p>Indiana State Board of Health. Death Certificates, 1900–2011. Microfilm. Indiana Archives and Records Administration, Indianapolis, Indiana.</p> Source Source: S157 (S157)
 
209 <p>Indiana State Board of Health. Marriage Certificates, 1958–2005. Microfilm. Indiana Archives and Records Administration, Indianapolis, Indiana.</p> Source Source: S158 (S158)
 
210 <p>Iowa Department of Public Health. Iowa Marriage Records, 1880–1922. Textual Records. State Historical Society of Iowa, Des Moines, Iowa.</p> <p>Iowa Department of Public Health. Iowa Marriage Records, 1923–37. Microfilm. Record Group 048. State Historical Society of Iowa, Des Moines, Iowa.</p> Source Source: S262 (S262)
 
211 <p>United States, Selective Service System. <i>Selective Service Registration Cards, World War II: Fourth Registration</i>. Records of the Selective Service System, Record Group Number 147. National Archives and Records Administration. </p> <p><a href="/search/dbextra.aspx?dbid=1002">Full Source Citation</a>.</p> Source Source: S433 (S433)
 
212 <p>United States, Selective Service System. <i>Selective Service Registration Cards, World War II: Fourth Registration</i>. Records of the Selective Service System, Record Group Number 147. National Archives and Records Administration. </p> <p><a href="/search/dbextra.aspx?dbid=1002">Full Source Citation</a>.</p> Source Source: S642 (S642)
 
213 <p>WWII Registration Draft Cards. 414 boxes. Records of the Selective Service System, 1926–1975, RG 147. The National Archives at Atlanta, Atlanta, Georgia.</p> <p>WWII Registration Draft Cards, Arkansas and Louisiana. 955 boxes. Records of the Selective Service System, 1926–1975, RG 147. The National Archives at Ft. Worth, Texas.</p> Source Source: S427 (S427)
 
214 <ul><li><i>1855 Kansas Territory Census</i>. Microfilm reel K-1. Kansas State Historical Society.</li><li><i>1856, 1857, and 1858 Kansas Territory Censuses</i>. Microfilm reel K-1. Kansas State Historical Society.</li><li><i>1859 Kansas Territory Census</i>. Microfilm reel K-1. Kansas State Historical Society.</li><li><i>1865 Kansas State Census</i>. Microfilm reels K-1 – K-8. Kansas State Historical Society.</li><li><i>1875 Kansas State Census</i>. Microfilm reels K-1 – K-20. Kansas State Historical Society.</li><li><i>1885 Kansas State Census</i>. Microfilm reels K-1 – K-146. Kansas State Historical Society.</li><li><i>1895 Kansas State Census</i>. Microfilm reels K-1 – K-169. Kansas State Historical Society.</li><li><i>1905 Kansas State Census</i>. Microfilm reels K-1 - K-181. Kansas State Historical Society.</li><li><i>1915 Kansas State Census</i>. Microfilm reels K-1 – K-271. Kansas State Historical Society.</li><li><i>1925 Kansas State Census</i>. Microfilm reels K-1 – K-177. Kansas State Historical Society.</li></ul> Source Source: S752 (S752)
 
215 <ul><li><i>Swarthmore, Quaker Meeting Records</i>. Friends Historical Library, Swarthmore College, Swarthmore, Pennsylvania.</li><li><i>North Carolina Yearly Meeting Minutes</i>. Hege Friends Historical Library, Guilford College, Greensboro, North Carolina.</li><li><i>Indiana Yearly Meeting Minutes</i>. Earlham College Friends Collection & College Archives, Richmond, Indiana.</li><li><i>Haverford, Quaker Meeting Records</i>. Haverford College, Haverford, Pennsylvania.</li></ul> Source Source: S657 (S657)
 
216 <ul><li>1870 U.S. census, population schedules. NARA microfilm publication M593, 1,761 rolls. Washington, D.C.: National Archives and Records Administration, n.d.</li><li>Minnesota census schedules for 1870. NARA microfilm publication T132, 13 rolls. Washington, D.C.: National Archives and Records Administration, n.d.</li></ul> Source Source: S306 (S306)
 
217 <ul><li>Dodd, Jordan, Liahona Research, comp. (P.O. Box 740, Orem, Utah 84059) from county marriage records on microfilm located at the Family History Library in Salt Lake City, Utah, in published books cataloged by the Library of Congress, or county records in possession of the individual county clerks or courthouses.</li><li>North Carolina State Archives. <i>North Carolina County Marriage Indexes.</i> North Carolina State Archives, Raleigh, North Carolina.</li><li>North Carolina State Center for Health Statistics. <i>North Carolina Marriage Index, 1962-2004.</i> North Carolina State Center for Health Statistics, Raleigh, North Carolina.</li></ul> Source Source: S301 (S301)
 
218 <ul><li>Kentucky. <i>Kentucky Birth, Marriage and Death Records – Microfilm (1852-1910)</i>. Microfilm rolls #994027-994058. Kentucky Department for Libraries and Archives, Frankfort, Kentucky.</li><li>Kentucky. <i>Birth and Death Records: Covington, Lexington, Louisville, and Newport – Microfilm (before 1911)</i>. Microfilm rolls #7007125-7007131, 7011804-7011813, 7012974-7013570, 7015456-7015462. Kentucky Department for Libraries and Archives, Frankfort, Kentucky.</li><li>Kentucky. <i>Vital Statistics Original Death Certificates – Microfilm (1911-1955)</i>. Microfilm rolls #7016130-7041803. Kentucky Department for Libraries and Archives, Frankfort, Kentucky.</li></ul> Source Source: S156 (S156)
 
219 <ul><li>Nebraska. Cass County. “County Census, 1876-1882.” Microfilm RG220, 9 rolls. Nebraska State Historical Society, Lincoln.</li><li>Nebraska. Lancaster County. “County Census, 1860-1880.” Microfilm RG207, 4 rolls. Nebraska State Historical Society, Lincoln.</li><li>Schedules of the Nebraska State Census of 1885. NARA Microfilm Publication M352, 56 rolls. Washington, D.C.: National Archives and Records Administration. n.d.</li></ul> Source Source: S264 (S264)
 
220 <ul><li>North Carolina State Center for Health Statistics. <i>North Caroline Deaths, 1997-2004.</i> North Carolina State Center for Health Statistics, Raleigh, North Carolina.</li><li>North Carolina Department of Health and Human Services. <i>North Carolina Death Records, 1968-1996</i>. North Carolina Vital Records, Raleigh, North Carolina. </li><li>North Carolina Archives and Records Section. <i>North Carolina County Records, 1908-1967</i>. North Carolina State Archives, Raleigh, North Carolina.</li></ul> Source Source: S739 (S739)
 
221 <ul><li>North Carolina State Center for Health Statistics. <i>North Caroline Deaths, 1997-2004.</i> North Carolina State Center for Health Statistics, Raleigh, North Carolina.</li><li>North Carolina Department of Health and Human Services. <i>North Carolina Death Records, 1968-1996</i>. North Carolina Vital Records, Raleigh, North Carolina. </li><li>North Carolina Archives and Records Section. <i>North Carolina County Records, 1908-1967</i>. North Carolina State Archives, Raleigh, North Carolina.</li></ul> Source Source: S911 (S911)
 
222 <ul><li>Ohio. Division of Vital Statistics. <i>Death Certificates and Index, December 20, 1908-December 31, 1953.</i> State Archives Series 3094. Ohio Historical Society, Ohio.</li><li>Ohio Department of Health. <i>Index to Annual Deaths, 1958-2002.</i> Ohio Department of Health, State Vital Statistics Unit, Columbus, OH, USA.</li></ul> Source Source: S1022 (S1022)
 
223 (Kober, Koberdt) (Köberich Kobberich), Joannes Korbert (I12561)
 
224 (Later, Clarke Co. Alabama) Presnal, John Leon (I872)
 
225 (Tennessee, Deaths and Burials Index, 1874-1955.) (Tennessee, Death Records, 1908-1959.) Broyles, Joseph Robert (I18552)
 
226 10 Children with Earl of Huntley
 
Stewart, Lady Annabella (I21448)
 
227 11 PM, Witnesses: Bertha Schuetz, Amalie Maratz Schuetz, Hedwig Elisabeth Emma (I10366)
 
228 12 Neubau Family F5016
 
229 120 Hess Street N. Clark, Mary Jane (I16709)
 
230 At least one living or private individual is linked to this note - Details withheld. UNK, Kim (I26027)
 
231 14th Distrcit Reichel, Walter Karl Augustin (I22003)
 
232 1860 U.S. census, population schedule. NARA microfilm publication M653, 1,438 rolls. Washington, D.C.: National Archives and Records Administration, n.d. Source Source: S101 (S101)
 
233 1860 U.S. census, population schedule. NARA microfilm publication M653, 1,438 rolls. Washington, D.C.: National Archives and Records Administration, n.d. Source Source: S248 (S248)
 
234 1860 U.S. census, population schedule. NARA microfilm publication M653, 1,438 rolls. Washington, D.C.: National Archives and Records Administration, n.d. Source Source: S305 (S305)
 
235 1860 U.S. census, population schedule. NARA microfilm publication M653, 1,438 rolls. Washington, D.C.: National Archives and Records Administration, n.d. Source Source: S936 (S936)
 
236 1860 U.S. census, population schedule. NARA microfilm publication M653, 1,438 rolls. Washington, D.C.: National Archives and Records Administration, n.d. Source Source: S1177 (S1177)
 
237 1860 U.S. census, population schedule. NARA microfilm publication M653, 1,438 rolls. Washington, D.C.: National Archives and Records Administration, n.d. Source Source: S1395 (S1395)
 
238 1882 LYMAN FLOYD PRESSNALL, was born in Fountain City, Indiana, on November 26, 1882. His parents were John Franklin Pressnall and Frances Emmaline Linville, who were only ages 19 and 16 at the time they married. John had studied for the ministry by correspondence with the " Moody Bible Institute of Chicago " (Lyman was Moody's middle name). There were four living children in the family, of which Lyman was the only son. The two older sisters were Ida and Sarah Ellen and a younger sister Golda Katherine. Two children Frank and Grace had died in infancy.
1887-1888 When Lyman was a small boy, 5 or 6, the family went to Topeka, Kansas by covered wagon pulled by two mules. His father had a preaching assignment there with the Wesley Methodist Church. While there , he was bitten by a rattlesnake when he stepped in a post hole where the snake lay coiled. His dog killed the snake. His mother took his father's razor and sliced the skin in several places around the bite near his ankle, then she sucked the open wounds and spat out the blood and poison for a considerable time. Lyman developed a fever and his leg beame very swollen, but he survived.
Several years later they moved back to Indiana.
Lyman did not enjoy being a preachers son, and was somewhat rebellious, he started smoking cigarettes at an early age, and by age 21, he and a friend caught a ride on a freight train and went to ND " to seek their fortune ". Lyman ended up in the little town of Martin, where he worked in a saloon. It was there he met Sophia Tureck. He had typhoid fever in Martin and was very sick. He was hospitalized in Minot for several weeks. After he was discharged, he came to visit Sophia on the farm, and suffered quite a severe relapse while there.
1909 He and Sophia eloped when she was just 20 and he was 26. They were married Feb. 13, 1909 in Moorehead, Minnesota. They first went to Staples, Minn. where he became a barber. The eldest son Lyman Le Roy was born on his fathers birthday November 26th 1909.
1910 A second son Irving Ellsworth was born Sep. 10th 1910 (His two grandmothers suggested the name). while Irving was still very tiny, they moved to Alexandria, Minn. and shortly there after to Pingree, ND where Lyman started his own business, a pool hall and saloon. Sophia played piano and Lyman played violin in a little dance combo that supplied music for local barn dances. On Sunday they both sang in the church choir. The only daughter, Ione, was born in Pingree, Jan. 29, 1913.
There were many interesting memories of Pingree: there, Leroy at age eight drove our little red ford truck, loaded with kids, around the block a few times.
Lyman's valuable flax crop was destroyed by an early frost during World War I.
Irving nearly died from kidney failure, but was saved by one of his fathers homeopathic remedies, pumpkin seed tea. Ione drank gasoline meant for the kitchen stove, but was revived. Willard was born on Sophias birthday Jan. 14, 1915. His middle name was Edison, because his father was such a great admirer of Thomas Edison and was selling Edison Phonographs at the time.
Hugo Everett was born Dec. 19, 1917. He was named for Sophia's brother who had recently died during the building of a whole new farmstead.(Uncle Hugo had an enlarged heart following childhood rheumatic fever).
1918 The family moved to nearby Kensal, where Lyman started a pool hall, confectionary store and watch making business. There John Franklin was born May 8, 1921 (Mothers Day) and Paul Eugene was also born, on Sunday aug. 12, 1923.
Lyman died March 19, 1961, in Minneapolis, Minnesota.
 
Pressnall, Lyman Floyd (I14148)
 
239 1910 census shows charles widower Pooler, Lucretia Pauline (I1927)
 
240 1920 census shows Wm. M. Kruse Father: Heinrich Kruse (cotton weaver) Mother : Franziska, nee Diegmann Godfather: Johannis Urban Diegmann (servant) Kruse, Wilhelm M. "William" (I15243)
 
241 1930 Census shows married 1 year Family F5632
 
242 1993-2002 White Pages, Little Rock, AR, USA: Acxiom Corporation Source Source: S476 (S476)
 
243 1993-2002 White Pages. Little Rock, AR, USA: Acxiom Corporation. Source Source: S582 (S582)
 
244 1c 349 age 69 Stocker, Abiah (I20037)
 
245 1st wife, she died 1879 Family F3855
 
246 20 Year Military Veteran
 
Presnell, Tilmon (I13732)
 
247 250 F.2d 649: Loys C. Wilson, Doing Business As Presnell Hospital, Appellant, v. New York Life Insurance Company, a Corporation, Appellee.loys C. Wilson, Doing Business As Presnell Hospital, Appellant, v. Aetna Life Insurance Company, a Corporation, Appellee
Share|
United States Court of Appeals Eighth Circuit. - 250 F.2d 649
Jan. 3, 1958
Langdon R. Jones, Kennett, Mo. (Jones & Jones, Kennett, Mo., on the brief), for appellant.
Harry C. Blanton, Blanton & Blanton, Sikeston, Mo., for New York Life Ins. Co.
Allen L. Oliver, Richard D. Jones and Oliver & Oliver, Cape Girardeau, Mo., for Aetna Life Ins. Co.
Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit judges.
GARDNER, Chief Judge.
1Appellant brought action against the New York Life Insurance Company on a policy of life insuance on the life of George R. Presnell. He sought to recover on the double indemnity provisions of the policy. He brought a like action to recover on a policy issued by the Aetna Life Insurance Company also insuring the life of George R. Presnell in which appellant was named beneficiary. In this action too he sought to recover on the double indemnity provisions of the policy. In each action the defendant insurance company had already paid the face amount of the policy. As the issues in the two cases were substantially identical they were consolidated for purposes of trial. Trial by jury was duly waived and the actions were tried to the court. We shall refer to the parties as they appeared in the trial court.
2So far as here material the allegations going to the questions of liability were substantially the same in each case. In the complaint against the New York Life Insurance Company it was alleged that the double indemnity clause of the policy provided as follows:
3'The Accidental Death Benefit specified on the first page hereof shall be payable upon receipt of due proof, on forms prescribed by the Company, that the death of the Insured resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental means and occurred within ninety days after such injury and prior to the anniversary of this Policy on which the insured's age at nearest birthday is 65 and prior to the maturity of this Policy; provided, however, that such Accidental Death Benefit shall not be payable if the Insured's death resulted, directly or indirectly, from (a) self destruction, whether sane or insane; (b) the taking of poison or inhaling of gas, whether voluntary or otherwise; (c) committing an assault or felony; (d) war or any act incident thereto; (e) engaging in riot or insurrection; (f) operating or riding in any kind of aircraft, whether as a passenger or otherwise, other than as a fare-paying passenger in a licensed passenger aircraft provided by an incorporated passenger carrier and operated by a licensed pilot on a regular passenger route between definitely established airports; (g) infirmity of mind or body; (h) illness or disease; or, (i) any bacterial infection other than that occurring in consequence of an injury on the exterior of the body effected solely through external, violent and accidental means.'
4It was alleged that the policy was in full force and effect and that the defendant breached the foregoing condition of the policy in that:
5'* * * on or about August 1, 1953, the said George R. Presnell, then under the age of sixty-five years at his next birthday, was killed solely through external, violent, and accidental means as set out by and included within the terms of said policy; and said death was not caused in a manner within the exceptions contained in said accidental death benefit provision of said policy; and that said death occurred in Dunklin County, Missouri.'
6It was also alleged that plaintiff had performed all the conditions of said policy on his part to be performed and that defendants had paid the face value of the policies but had willfully, vecatiously and without justification refused to pay the additional indemnity provided in the sum of ten thousand dollars. The conditions of the policies as to liability for accidental death, so far as here material, were substantially the same in each case and the allegations of the complaint with reference to the breach of the conditions of the policies were substantially identical.
7On the trial of the action the court determined the issues of fact and law in favor of the defendants, holding that the plaintiff had failed to sustain the burden of proof. Judgments of dismissal on the merits were thereupon entered. Two days before the entry of these judgments plaintiff interposed a motion to open judgment if one had been entered, amend findings of fact or make new findings and conclusions, and direct the entry of a new judgment, if one had been entered, or in the alternative to grant a new trial. The consolidated action was tried before Judge Rubey M. Hulen and he completed the trial by making findings of fact and conclusions of law and entering judgments of dismissal. After plaintiff filed his motion Judge Hulen departed this life and the motion of plaintiff was heard by a successor judge, Judge Roy W. Harper, who, after hearing, denied the post-trial motion in all respects.
8Plaintiff in seeking reversal in effect challenges the sufficiency of the evidence to sustain the court's findings and judgments.
9The burden of proof to prove that the insured came to his death directly and independently of all other causes from bodily injury effected solely through external, violent and accidental means rested on the plaintiff. It was not incumbent upon defendants to prove the negative. Jones v. Mutual Life Ins. Co. of New York, 8 Cir., 113 F.id 873; Massachusetts Protective Ass'n v. Mouber, 8 Cir., 110 F.2d 203; Svenson v. Mutual Life Ins. Co. of New York, 8 Cir., 87 F.2d 441; Murphy v. Western & Southern Life Ins. Co., Mo.App., 262 S.W.2d 340; Caldwell v. Travelers' Ins. Co., 305 Mo. 619, 267 S.W. 907, 39 A.L.R. 56; Phillips v. Travelers' Ins. Co., 288 Mo. 175, 231 S.W. 947. In Jones v. Mutual Life Ins. Co. of New York, supra, which was governed by the laws of Missouri, in referring to the question of the burden of proof it is said:
10'The burden of proof was upon the plaintiff. The most favorable view that might be taken of the evidence would be that death might have occurred either from an accidental fall or disease. If from disease there was no liability, and where the evidence is circumstantial and it appears that injury may have resulted from one of two causes, for one of which but not for the other the defendant is liable, then the plaintiff cannot recover because this leaves the matter to conjecture.' (113 F.2d 875.)
11Judge Hulen after hearing all the evidence, among other things, found that:
12'Where death could have resulted from one of two causes, under one of which defendants would be liable and the other they would not, the Court cannot speculate or guess as to the cause of death and fix liability by such process. Only by guess and speculation could this Court reach a conclusion as to the cause of death in this case.'
13The court further found that:
14'The result is that the Court is left in a position of being unable to determine, with any degree of probability, what caused the death of Dr. Presnell.
15'Plaintiff's cases must fail for failure to carry the burden of proof.
16'Were we permitted to speculate, it might be surmised that the deceased did fall, and as a result of the fall his death resulted. But no such result can be reached by reasonable deductions from substantial evidence.'
17The findings of the court are presumptively correct and will not be set aside unless clearly erroneous. Rule 52(a), Federal Rules of Civil Procedure, 28 U.S.C.A.; Aetna Company v. Minneapolis Gas Company, 8 Cir.,234 F.2d 451; Sherman Inv. Co. v. United States, 8 Cir., 199 F.2d 504; O'Malley v. Ames, 8 Cir., 197 F.2d 256; Peterson v. Denevan, 8 Cir., 177 F.2d 411. This was a jury-waived case tried by the court. The defendants were the prevailing parties and, hence, we must take that view of the evidence most favorable to them. They are entitled to the benefit of all favorable inferences which may reasonably be drawn from the facts proven and if, when so viewed, there was substantial evidence to sustain the findings then the judgments may not be reversed by this court unless against the clear weight of the evidence, or unless influenced by an erroneous view of the law. Cleo Syrup Corp. v. Coca-Cola Co., 8 Cir., 139 F.2d 416.
18With these rules in mind we turn to a consideration of the evidence. The insured, George R. Presnell, at and for many years prior to his death was a physician and surgeon specializing in surgery. He had been married three times, was twice divorced and at the time of his death an action for divorce by his third wife was pending. The evidence showed that he was at the time of his death an alcoholic and at various times prior thereto had been a drug addict. There was evidence that he had taken a nitroglycerin pill-- an indication of heart ailment-- about a month before his death. His death is presumed to have occurred on or about July 30th or 31st, 1953. The surrounding circumstances and physical facts bearing upon the probable cause of his death are as follows:
19His body was found late in the afternoon on Monday, August 3, 1953, in his bedroom in his home on Butler Drive in Kennett, Missouri. The body had apparently been dead for three or four days and was in a very bad state of decomposition. All the doors were closed and locked from the inside and the shades were drawn. It was a very hot season, the temperature being about one hundred degrees for a period of several days and only the fan of an air conditioner was turned on. The body had turned almost black, the mouth was open, the eyes were protruding and the skin had slipped. The insured had been last seen alive the previous Thursday afternoon and evening. His body was lying partly on the left side and partly on his stomach with the left side of his head and forehead touching the carpet alongside and parallel to the side of his bed which had apparently been occupied. His head was about a foot beyond the foot of the bed with his face turned toward the bed and one arm extending toward and partly under the bed. The body was in such condition that the town marshal, a witness for plaintiff, would not have recognized it as Dr. Presnell if it hadn't been in his home. His head and neck were swollen quite a bit; his face, ankles and legs were swollen and he was swollen quite a bit all over. The coroner stated that the body was swollen markedly, that his arms, legs and face were all markedly swollen and almost black, that the skin would slip badly when the body was moved, that he never saw a body in as bad a state of decomposition as the body of the deceased, and that the body was dressed only in a pair of undershorts and one sock. There was also found under the body a pair of trousers when the body was turned over. Disinterested witnesses testified that there was no evidence of any scuffle or any foul play. No autopsy was held until November 7, 1953, more than three months after the body was found.
20It was the contention of plaintiff that there was an abrasion over the left eye and near the left temple of the deceased which he had received when he fell, striking his head either on the post of the bed or the floor, which wound and resulting concussion caused his death. The town marshal, a witness for plaintiff, testified that he noticed a few marks on the face of the deceased but that he didn't notice anything indicating any scuffle and he 'did not observe any wounds about the body'. On cross-examination he admitted that he had testified at the inquest that he found no signs of injuries or bruises on the head, body or any place on the deceased. The coroner, called as a witness for the plaintiff, testified, among other things, that there was an abrasion on his temple where his head had been lying. In answer to inquiry by the court he testified that there was a separation of the tissue, a skin slipping, in describing the wound, abrasion or bruise, that he believed it was the slipping of the skin, that the skin was broken, that it wasn't very deep, that it might have been a bruise or abrasion, that he wouldn't say exactly, that it looked like a cut, wound, abrasion or bruise but that he couldn't tell whether it looked like the skin was cut. This witness admitted that on August 27, 1953, he had signed a statement containing the following:
21'An examination of his body in the home failed to reveal any cuts, abrasions, or other marks or evidence other than that spot mentioned on his forehead, which could have been caused by the pressure by laying there all that time.'
22A highway patrolman, testifying for plaintiff, said that he made a visual examination of the body for any wounds at the time it was found, that he found the skin broken over the left temple but didn't know whether it had broken before or after the insured's death. He admitted having testified at the coroner's inquest that he didn't examine the skin closely enough to know whether the skin was broken or not. Plaintiff, himself a doctor, testifying in his own behalf, on direct examination testified that there was a laceration on the left temple between one and two inches long. He admitted on cross-examination, however, that in a statement signed by him August 28, 1953, he had said:
23'From what I observed, it was impossible for me to determine the cause of his death. * * * The mark or scar on the forehead could have been more or less a result of his head resting on that spot or it could have been caused by a blow or fall.'
24The undertaker, called as a witness for plaintiff, testified that there was a light spot over deceased's left eye toward the temple or the face, that the skin had slipped some, that the body had been lying on that spot from the time of death until the time they turned it over. On cross-examination he testified that when they turned the body over it seemed to him that the pressure probably from the time the body had lain there had caused the skin to slip and that after a body was dead a few hours it didn't take much when you took ahold of the skin for the first layer of the skin to slip, that he thought that was what happened in this case, that when the body was turned over the layer of skin broke and slipped but it didn't separate and there was no gash that he could see, and that it was more like a skin slip. The testimony of the pathologist who performed the autopsy, testifying on behalf of plaintiff, said, inter alia, that there was an obsence of any penetrating wound of any important structures and body cavities, that the absence of hemorrhages in any body cavities showed that there had been no hemorrhages in that area, that there was a marked absence of the usual amount of arteriosclerosis, that there was no obstruction to the respiratory system and that there was no fracture of the skull or hemorrhage in the brain. There was evidence that there was blood and vomit under and near the head of deceased. The coroner and the undertaker both testified in effect that an unembalmed body expels blood and vomit largely from the nose and mouth as a result of gasses formed within the body. There was evidence that there was some blood on a sheet extending down from the bed but there was also evidence that this part of the sheet had been under the head of deceased and had been pulled out. There was some expert testimony offered by plaintiff based upon the assumption 'that there was a laceration or contusion or wound over the left eye and near the left temple of the deceased'. In the absence of substantial evidence to show that there was such a laceration, contusion or wound this evidence was of little value.
25Evidence produced by the defendants tended to show that the insured was a dissipated man, that he was a narcotic addict, a chronic alcoholic, that he had taken some treatment for heart condition, that he had from time to time been hospitalized for these conditions and that he had been drinking immediately prior to his death. They also introduced evidence tending to show that the alleged abrasion probably resulted from contact with the carpet for several days. A number of experts called by defendants testified, in answer to hypothetical questions based on the testimony, that in their opinion deceased died from natural causes rather than from bodily injury effected solely through external, violent and accidental means.
26In referring to testimony produced by plaintiff we have pointed out its weaknesses. We have carefully considered all the testimony and, giving plaintiff's testimony full weight, it certainly is far from convicing that the insured met his death from external, violent and accidental means. Experts for the defendants testified that he died from natural causes or alcoholism. Certainly in this state of the record the court was warranted in finding:
27'But taking the testimony of plaintiff as to cause of death at face value, without examination of the weakness of the underlying base for such opinions, there was testimony offered by the defendants of equal if not more probative value that death was due to natural causes and not accidental.'
28It is to be noted too in passing that a successor judge reviewed these findings and refused to disturb them and we are of the view that the evidence abundantly sustains the judgments appealed from and they are therefore affirmed.
 
Presnell, George Rollin (I14700)
 
248 2nd house, . Only house with a screened in front porch. Info from Grace Hayes Presnell, Leslie (I27465)
 
249 3rd Regiment, North Carolina Infantry

OVERVIEW: 3rd Infantry Regiment State Troops completed its organization at Garysburg, North Carolina, in May, 1861. The men were from Wilmington and the counties of Green, Duplin, Cumberland, Onslow, Bladen, New Hanover, and Beaufort. During July part of the regiment moved to Richmond, Virginia, then was joined by the remaining companies some weeks later. After serving in the Department of Northern Virginia and the Department of North Carolina, it was attached to General Ripley's, Colston's, Steuart's, and Cox's Brigade. The 3rd fought on many battlefields of the army from the Seven Days' Battles to Cold Harbor, marched with Early to the Shenandoah Valley, and saw action around Appomattox. It reported 46 casualties at Beaver Dam Creek, 80 at Malvern Hill, 253 at Sharpsburg, 3 at Fredericksburg, and 179 at Chancellorsville. The unit lost 4 killed and 10 wounded at Second Winchester, forty percent of the 548 engaged at Gettysburg, and 7 killed and 65 wounded during the Mine Run Campaign. It surrendered with 4 officers and 53 men in April, 1865. The field officers were Colonels William L. DeRosset, Gaston Meares, and Stephen D. Thruston; Lieutenant Colonels Robert H. Cowan, William M. Parsley, and Edward Savage; and Major William T. Ennett.
 
Presnell, Daniel H (I7889)
 
250 4400 West Kenyon...80236 Section V Site 1010 Pressnall, David Paul (I11076)
 

      «Prev 1 2 3 4 5 6 7 8 9 ... 81» Next»


This site powered by The Next Generation of Genealogy Sitebuilding v. 13.0.3, written by Darrin Lythgoe © 2001-2024.

Maintained by Mike Presnell.