Opinion
Gen. No. 40,841. (Abstract of Decision.)
Opinion filed November 26, 1940
INSURANCE, § 498.7 — accidental death, evidence. Judgment for plaintiff in action on double indemnity provision of life insurance policy was not supported by evidence, where accidental death provision did not apply in case of self-destruction while sane or insane, where insured was in an extremely depressed condition, had asked for a gun, and after being taken to a hospital was found the next morning on the sidewalk below, having fallen from the third floor; and contention that allonal tablets given insured would prevent him from concentrating sufficiently to commit suicide was not established where there was no evidence on this point, and nurse who administered allonal was not cross-examined as to its effect.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. NUNCIO J. BONELLI, presiding.
Judgment reversed and cause remanded. Heard in second division, first district, this court at June term, 1940.
Scott, MacLeish Falk and Louis H. Cooke, for appellant;
Wendell J. Brown and Samuel O. Givens, Jr., of counsel;
Johntry Fitz Gerald, Edward F. Vyzral and John B. Tierney, for appellee;
John O'C. Fitz Gerald, of counsel.
"Not to be published in full." Opinion filed November 26, 1940.