Mason Parnell was a wheat farmer. At age 49, he died of a head wound inflicted by discharge of a 30.06 rifle while alone in the spare sleeping room in the basement of his house.

His widow Vera Parnell sues Midcontinent Casualty Company on the accidental death policy covering her husband, seeking recovery in the amount of $100,000. Midcontinental claims that suicide was the cause of death and denies liability. In such cases the plaintiff bears the burden that the death came by accident, and also the burdens of protection and persuasion on that point.

Physical evidence shows that Mason Parnell was flat on his back on the bed when the gun discharged and that the muzzle was close to his chin at the time.

There is other circumstantial evidence. Vera Parnell introduces testimony the (1) Mason Parnell did not shoot himself intentionally because no shoot pattern or flash burn was found in his face ( indicating that the muzzle was more than 12 inches away), (2) a rifle owned by Parnell accidentally discharged during an earlier hunting trip, (3) Parnell died clutching a cigarette lighter(hence he may have had only one hand free to hold the rifle and pull the trigger) and (4) Parnell was in good financial condition, healthy, happily married, and nit moody or morose.

But Midcontinent also introduce evidence that (a) the rifle that caused Parnell's death was in perfect order and was not the one that had accidentally discharged earlier, (b) some nasal hairs were found on the front gun sight, and (c) Parnell had experienced marital difficulties and may have been suffering from Alzheimer's disease.

At the close of evidence, Vera requests that the jury be instructed on the presumption, arising from proof of sudden violent death, and that death resulted from an accident rather that suicide.

Midcontinent argues that no such instructions are proper under the circumstances and moves for a directed verdict.

The jurisdiction has adopted Federal Rules of Evidence - Rule 301, in the form enacted by Congress.

Should a directed verdict be given?

What should the Court do, and Why?