Russel v. New York Life Ins. Co.

Full title: Laura M. Russell, Appellee, v. New York Life Insurance Company, Appellant

Court: Appellate Court of Illinois, Second District

Date published: Apr 26, 1940

305 Ill. App. 619 (Ill. App. Ct. 1940)

27 N.E.2d 565

Opinion

Gen. No. 9,509. (Abstract of Decision.)

Opinion filed April 26, 1940 Rehearing denied June 5, 1940

INSURANCE, § 498.6^_ — disability, sufficiency of evidence. In action on insurance policy for total and permanent disability, verdict for plaintiff was manifestly against the weight of the evidence, where plaintiff fell while hanging wall paper, but numerous witnesses testified that plaintiff did most of the work around her house, hung up clothes, drove a car, worked in her yard and garden, danced, and ate everything that a person in normal health would.

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

Appeal from County Court of Peoria county; Hon. FRANCIS C. VONACHEN, presiding.

Reversed. Heard in this court at February term, 1940.

Scott, Macleish Falk and Miller, Elliott Westervelt, for appellant;

John D. Thomason, of counsel;

Knoblock Sloan, for appellee;

John F. Sloan, Jr., of counsel.

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed April 26, 1940; rehearing denied June 5, 1940.