Ager v. Travelers Casualty Insurance

Full title: Royal Ager, Appellee, v. Travelers Casualty Insurance Company, Appellant

Court: Appellate Court of Illinois

Date published: Feb 7, 1941

308 Ill. App. 438 (Ill. App. Ct. 1941)

31 N.E.2d 825

Opinion

Gen. No. 9,597. (Abstract of Decision.)

Opinion filed February 7, 1941

INSURANCE, § 498.7^_ — accidental injury, evidence. Where insured fell while carrying a mold and struck his abdomen on a board, evidence showed that a hernia which developed was caused by the accident in question, in action on accident policy recovery could be had if insured was under the care of a physician even though no treatment was administered, and judgment for insured would not be reversed for error in instructions where jury could have rendered no other verdict.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from County Court of Kankakee county; Hon. C.D. HENRY, Jr., presiding.

Affirmed. Heard in this court at October term, 1940.

Gower, Gray Gower, for appellant;

LaMarre Diamond, for appellee.

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed February 7, 1941.