{
  "id": 2891352,
  "name": "Pauline Robison, Appellee, v. United States Health & Accident Insurance Company, Appellant",
  "name_abbreviation": "Robison v. United States Health & Accident Insurance",
  "decision_date": "1915-04-28",
  "docket_number": "Gen. No. 20,249",
  "first_page": "475",
  "last_page": "478",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 475"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Pauline Robison, Appellee, v. United States Health & Accident Insurance Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Baume\ndelivered the opinion of the court.\n6. Insurance, \u00a7 418 \u2014when injury from lifting stove accidental. Injury from the act of lifting a stove which was claimed to have caused valvular trouble of the heart, subsequently resulting in death, held an accidental injury within the terms of an accident policy.\n7. Insurance, \u00a7 408*\u2014when accident cause of disease. If a diseased condition was caused from an accident, or existed prior to the accident and had no causal connection with the injury or death resulting from the accident, the accident is to be considered as the sole cause, but if the disease existed. at the time of -the accident and co-operated with the accident to cause an injury or death, the accident is not the sole cause.\n8. Instructions, \u00a7 118*\u2014when erroneous as not based on evidence. An instruction in an action on a policy of insurance directing, the jury to provisions as being contained in such policy which are not therein is improper.",
        "type": "majority",
        "author": "Mr. Presiding Justice Baume"
      }
    ],
    "attorneys": [
      "Jeffery & Campbell, for appellant; Herbert J. Campbell and Charles V. Clark, of counsel.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "Pauline Robison, Appellee, v. United States Health & Accident Insurance Company, Appellant.\nGen. No. 20,249.\n(Not to be reported in full.)\nAppeal from the County Court of Cook county; the Hon. John E. Hillskotter, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.\nReversed and remanded.\nOpinion filed April 28, 1915.\nStatement of the Case.\nAction by Pauline Robison in the County Court of Cook county against United States Health & Accident Insurance Company, a corporation, upon a health and accident policy issued by the defendant to the husband of the plaintiff, wherein the plaintiff was named as beneficiary in case of the death of the insured from accidental injury.\nThe only evidence in the record tending to show that the insured sustained an accident on January 31, 1912, is the testimony of plaintiff who stated that the insured then lifted a hard coal stove in the front room of their house; that the next day he complained about being ill and that his illness continued until his death. On cross-examination the witness was asked to state the details of how the accident happened and she answered as follows:\n\u201cWell, it was a pretty bad day, and he wasn\u2019t working that day, so I says to him, I say, \u2018Jim,\u2019 I says, \u2018I have got a zinc and I want to put it under my stove,\u2019 and he says, \u2018All right, Pauline, I will help,\u2019 so I catches hold of the zinc, and he catches hold of the stove, and the stove was a hard coal burner, I guess it stood about that high (indicating), and he lifted the stove up, and I pushed the zinc under it, and so all at once he said \u2018Oh, my, I feel so funny,\u2019 and so I said, \u2018what\u2019s the matter Jim,\u2019 and he sat down, and he said, \u2018Oh, I feel awful bad,\u2019 and I says, \u2018Do you?\u2019 and he says, \u2018Yes.\u2019 Says I, \u2018Is there anything I can do?\u2019 and he says, \u2018No,\u2019 and he sat there and looked kind of funny, and 1 looked at him and .1 said, \u2018Jim, do you want me to do anything for you?\u2019 and he says, \u2018No,\u2019 so I didn\u2019t say any more. And the next day I says, \u2018Jim, are you going to work?\u2019 and he said, \u2018No, I don\u2019t feel like going to work,\u2019 he said; \u2018I can\u2019t. There is something bothers me here.\u2019 I said, \u2018Maybe you hurt yourself lifting the stove.\u2019 He said, \u2018Well, maybe I did; and I felt awful bad ever since I lifted it.\u2019 So I didn\u2019t say any more.\u201d\nTwo days later a physician was called who treated the insured for pleurisy, and subsequently the insured presented a claim and was paid $35 on account of such illness. He died April 22, 1912, the first physician who treated him testifying that death was due to Bright\u2019s disease, and a physician who was subsequently called in testifying that he found valvular heart trouble. From a verdict and judgment for plaintiff for $500, defendant appeals.\nAbstract of the Decision.\n1. Evidence, \u00a7 83 \u2014when statements not part of res gesta;. In an action by the beneficiary on a policy of insurance, evidence of a statement made by the insured the day after he claimed to have-been injured as to the cause of the injury, is not part of the res gestee.\n2. Insurance, \u00a7 667*-\u2014when evidence insufficient to show death from accident. In an action upon an accident policy where the plaintiff claimed that insured\u2019s death was caused by a strain while attempting to lift a heavy stove, evidence held to show that death was due to causes other than an accident.\n3. \u2019Insurance, \u00a7 437*\u2014when provision for notice of accident inapplicable to beneficiary. Under an accident policy requiring notice to the insurer \u201cwithin twenty days from the date of any accident or the beginning of disability from illness upon which claim is based,\u201d where the death of the insured occurs more than twenty days after the accident was alleged to have been sustained, the provision as to notice has no application to the beneficiary since she did not become a claimant until the death of the insured.\n4. Insurance, \u00a7 646*\u2014when evidence of waiver incompetent. Testimony tending to show waiver on the part of an insurance company of provisions of a policy as to notice of accident is incompetent, where none of the persons with whom the witness claimed to have communicated were shown to have been identified with the insurance company.\n5. Insurance, \u00a7 408*\u2014when injury accidental. If the insured\u2019s act was attended with an unexpected and unusual result,\u2014one which could not have been reasonably anticipated, and which he did not intend to produce, that is, was not the natural or probable consequence of his act, and was not the result of design, but was produced unexpectedly and by chance,\u2014the injury was caused by accidental 'means within the meaning of policies of accident insurance.\nJeffery & Campbell, for appellant; Herbert J. Campbell and Charles V. Clark, of counsel.\nNo appearance for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and. Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0475-01",
  "first_page_order": 499,
  "last_page_order": 502
}