Opinion
Term No. 46015. (Abstract of Decision.)
Opinion filed February 27, 1947 Rehearing denied April 22, 1947 Released for publication April 22, 1947
INSURANCE, § 498.7 — sufficiency of evidence that death resulted from accident. Where beneficiary sued insurer to recover under life-policy provision for double indemnity if death of insured resulted, directly and independently of all other causes, from bodily injuries effected solely through accidental means, held that finding by trial court without jury that death was thus caused was not against manifest weight of evidence which revealed no symptoms of existence of death-causing brain tumor or cyst More insured's head was accidently cut, but insured suffered from progressively severe headaches thereafter, since trial court, unlike Appellate Court, being in position to observe demeanor of witnesses, was thereby justified in so finding notwithstanding expert opinion that cyst must have existed prior to accident for, if it did, it was reasonable to expect that there then would have been some symptom of its existence. (BARTLEY, J., dissents.)
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of St. Clair county; the Hon. RALPH L. MAXWELL, Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1946;
Kramer, Campbell, Costello Wiechert and Norman J. Gundlach, for appellant;
John J. Driscoll, for appellee.
Not to be published in full. Opinion filed February 27, 1947; rehearing denied April 22, 1947; released for publication April 22, 1947.