The Case of William Dick: Ransom County, North Dakota MYRON H. BRIGHT* In May 2009, a decision of the United States Supreme Court with North Dakota roots turned fifty years old. A case unique in the annals of the law, Dick v. New York Life Insurance Company^ still fascinates lawyers today. Factually, the case presented a strange question: could an experienced hunter accidentally shoot himselfnot once, but twice? Some of North Dakota’s finest lawyers, including Philip Vogel, Donald Holand, and Norman Tenneson, aimed to get to the bottom of that matter. The judges were equally impressive: Judge Ronald Davies of the federal district court; Judge John Sanborn of the U.S. Court of Appeals for the Eighth Circuit; and Chief Justice Earl Warren and Justice Felix Frankfurter. Finally, as a matter of Supreme Court jurisprudence, Dick may have been the last time the High Court granted a petition for certiorari in a case that turned almost exclusively on questions of fact. In honor of its golden anniversary, this article recounts the captivating story ofDick v. New York Life. The Facts William Dick, a healthy, good-natured, 47year -old farmer from rural Ransom County, began the morning of January 20, 1955, like any other. Dick sat down for an otherwise or dinary breakfast with his 14-year-old daughter and his beloved wife, Blanche. The night be fore, the family had eaten ice cream together as they watched television, and Dick had helped his daughter with her science homework. At breakfast, Dick and Blanche discussedhis plan to make sausage with his cousin later that day. After breakfast, Dick put on his winter work clothes—including bulky gloves and a heavy jacket—and Blanche drove their daughter to school. Before leaving, Dick said goodbye in the normal way, and he started to feed silage to his cattle and milk to his pigs. About thirty minutes later, Blanche re turned to the farm and went inside the main house to complete her housework. When Blanche thought it was time to go to Dick’s cousin’s house, she went to the barn to look for her husband. After a short search, Blanche found Dick lying on his back in a pool ofblood in the silage shed. Dick’s double-barreled 26 JOURNAL OF SUPREME COURT HISTORY shotgun, which he kept loaded in the shed because of animal attacks on his livestock, was on the floor nearby, as was a screwdriver that Dick used to open the silage shed’s bro ken door. Dick had been hit by pellets from two shotgun shells: one discharge entered his chest and was not immediately fatal; the other entered his head, killing him instantly. A coro ner’s jury later determined the death to be a suicide. At the time of his death, Dick carried a life insurance policy with the New York Life Insurance Company with benefits of $7,500 on his death but $15,000—that is, double indemnity—for an accidental death. Blanche, the policy’s beneficiary, filed a claim. New York Life, while admitting liability for the pol icy’s face value of $7,500, denied Blanche’s claim for the double indemnity, contending that Dick’s death was a suicide. The Lawyers, a Theory, and a Lawsuit Dick’s family, unsatisfied with the finding that Dick had killed himself, eventually retained lawyer and state senator Donald Holand on Donald Holand (left) was a state senator and a leading lawyer in Lisbon, North Dakota, when the Dick fam ily hired him as their counsel. THE CASE OF WILLIAM DICK 27 Philip B. Vogel (left) served as lead counsel in the Dick case and worked with the author in their law firm for twenty-one years. Vogel, whom the author has described as a true “Renaissance man,” served as his mentor during their early years. the advice of Dick’s brother, state represen tative Lawrence Dick. Holand was my good friend; both our families had immigrated from Europe and first settled near the turn of the twentieth century in the small city of McKin ley, on Minnesota’s Iron Range. Holand at tended the University of North Dakota and started out at the...