{
  "id": 2836834,
  "name": "Thomas Ballance, Appellee, v. Woodmen's Casualty Company, Appellant",
  "name_abbreviation": "Ballance v. Woodmen's Casualty Co.",
  "decision_date": "1913-10-09",
  "docket_number": "",
  "first_page": "625",
  "last_page": "626",
  "citations": [
    {
      "type": "official",
      "cite": "183 Ill. App. 625"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 176,
    "char_count": 2249,
    "ocr_confidence": 0.542,
    "sha256": "2cba45fa34ffb0cd5bfdb094086967a54f64a109ae9a5efcec3960f04655c67a",
    "simhash": "1:de44dae55c077055",
    "word_count": 361
  },
  "last_updated": "2023-07-14T19:57:27.806602+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Thomas Ballance, Appellee, v. Woodmen\u2019s Casualty Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Thompson\ndelivered the opinion of the court.\n4. Insurance, \u00a7 609*\u2014who must prove cause of injury. The plaintiff in an action on an accident insurance policy has the burden to prove a provision relating to disability \u201ccaused solely and exclusively by external, violent, accidental and involuntary means\u201d whether such facts are put in issue by a special plea or not.",
        "type": "majority",
        "author": "Mr. Justice Thompson"
      }
    ],
    "attorneys": [
      "Alonzo Hoff and Kramer, Kramer & Campbell, for appellant.",
      "C. B. Thomas, D. A. Newby and T. T. Hinde, for appellee."
    ],
    "corrections": "",
    "head_matter": "Thomas Ballance, Appellee, v. Woodmen\u2019s Casualty Company, Appellant.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Instructions, \u00a7 129 \u2014requisites on directing verdict on proof of facts. An instruction in effect directing a verdict for the plaintiff if the facts referred to in the instruction are found in favor of the plaintiff should contain all the facts which would authorize a verdict.\n2. Instructions, \u00a7 24 \u2014when improper to refer to declaration. The practice of giving an instruction informing the jury that they may refer to the declaration to determine the issues to be tried, while not alone a reversible error is not commendable,\n3. Instructions, \u00a7 24 \u2014when instruction referring to insufficient declaration is improper. In an action on an accident insurance policy, an instruction in effect directing a verdict for plaintiff if facts referred to are found in favor of plaintiff and permitting the jury to refer to'the declaration to determine the issues is improper, where the declaration did not allege that plaintiff suffered a disability \u201ccaused solely and exclusively by external, violent, accidental and involuntary means,\u201d such facts being raised by a special plea, and the instruction cannot be cured by other instructions.\nAppeal from the City Court of East St. Louis; the Hon. Robert H. Flannigan, Judge, presiding. Heard in this court at the March term, 1913.\nReversed and remanded.\nOpinion filed October 9, 1913.\nStatement of the Case.\nAction by Thomas Bailance against the Woodmen\u2019s Casualty Company, a corporation, to recover on an accident insurance policy for accidental injuries sustained. From a judgment for plaintiff, defendant appeals.\nAlonzo Hoff and Kramer, Kramer & Campbell, for appellant.\nC. B. Thomas, D. A. Newby and T. T. Hinde, for appellee.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0625-01",
  "first_page_order": 647,
  "last_page_order": 648
}