{
  "id": 2971738,
  "name": "Susie E. Schmidt, Appellee, v. National Life Insurance Company of the United States of America, Appellant",
  "name_abbreviation": "Schmidt v. National Life Insurance Co. of the United States of America",
  "decision_date": "1916-04-28",
  "docket_number": "Gen. No. 21,406",
  "first_page": "316",
  "last_page": "318",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 316"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 264,
    "char_count": 3438,
    "ocr_confidence": 0.541,
    "sha256": "6ee578ece52f9b5a5b4edba34219610e27efdb82795dc6fe19326f5d4f9173a3",
    "simhash": "1:e474c200048b64ee",
    "word_count": 558
  },
  "last_updated": "2023-07-14T15:51:30.955611+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Susie E. Schmidt, Appellee, v. National Life Insurance Company of the United States of America, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\n2. Insurance, \u00a7 686 \u2014when question whether accident caused By exposure to unnecessary danger one of fact. In an action on an accident insurance policy not covering injuries from exposure to unnecessary danger, held that under the circumstances the question as to whether there was such an exposure was one of fact.\n3. Insurance\u2014when evidence sufficient to justify verdict. In an action to recover under an accident insurance policy, evidence examined and held sufficient to support the verdict.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "L. A. Stebbins, for appellant.",
      "John S. Huey, for appellee, Albert Gr. Miller, of counsel."
    ],
    "corrections": "",
    "head_matter": "Susie E. Schmidt, Appellee, v. National Life Insurance Company of the United States of America, Appellant.\nGen. No. 21,406.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Hakby M. Htsheb, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.\nAffirmed.\nOpinion filed April 28, 1916.\nStatement of the Case.\nAction by Susie E. Schmidt, plaintiff, against National Life Insurance Company of the United States of America, defendant, to recover as beneficiary under two accident insurance policies. From a judgment in favor of plaintiff, defendant appeals.\nThe defenses relied on were that the policies had lapsed by reason of failure to pay the renewal premium and that the fatal injury resulted from \u201cexposure to unnecessary danger.\u201d\nThe policies contained a provision that the insurance thereunder would not cover injuries resulting from \u2018 \u2018 exposure to unnecessary danger. \u2019 \u2019 Each covered loss of life within thirty days from bodily injuries received \u201cwhile walking on a public highway by being knocked down, struck, run over or otherwise injured by actual contact with any conveyance * * * propelled by steam, electricity,\u201d etc.\nAbstract of the Decision.\n1. Insurance, \u00a7 621 \u2014when parol evidence to contradict receipt for renewal premium inadmissible. In an action to recover on an accident insurance policy, where defendant issued and delivered to the insured a written renewal receipt which stated that it was for value received and that the policy was \u201ccontinued in force\u201d for the period covering the time of the accident, defendant cannot contradict its effect by parol evidence that delivery of the receipt was conditional on an oral promise to pay the renewal premium and that it was not paid.\nThe evidence showed that the assured was struck and knocked down at night by a westbound electric street car in Madison street, Chicago, at or near its intersection with North Campbell avenue while walking south across the former on the west side of the latter, and died within a few hours from the injuries received. An eastbound car was also approaching said avenue at the same time at which he appeared to be looking. The westbound car slackened its speed at the crossing and sounded its gong. As it slowed down the assured either hesitated or stopped for a moment and immediately afterward resumed his way across the tracks still watching the eastbound car. As soon as the motorman of the westbound car observed his hesitation or stop, he released the brakes, turned on the power and went ahead to an almost instantaneous collision.\nL. A. Stebbins, for appellant.\nJohn S. Huey, for appellee, Albert Gr. Miller, of counsel.\nSee Illinois Notes Digest, Vola. 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": "0316-01",
  "first_page_order": 338,
  "last_page_order": 340
}