#### Patrick McCormick, Defendant in Error, v. National Live Stock Insurance Company, Plaintiff in Error.

Gen. No. 21,659.

(Not to be reported in full.)

Abstract of the Decision.

1. Insurance, § 667 * —when evidence sufficient to show death of horse by accident. In an action on an insurance policy written by the defendant insuring the plaintiff’s horse against death by bodily injuries “inflicted solely through external, violent and accidental means,” held that a judgment for the plaintiff was justified by evidence showing that the horse, while being driven down an inclined brick pavement, slipped and fell and died of a ruptured heart occasioned thereby and not occasioned by fright as claimed by the defendant.

2. Insurance, § 439*—when notice of death of animal timely. A notice of the death of a horse insured under a policy requiring *462a notice in case of death to be given “forthwith” to the insurer by registered mail or telegraph, held given in time where sent by telegram the next morning after the death occurred and by registered mail in the evening of the same day, the telegram having been received before a registered letter would have been, had it been mailed at once after the accident.

*461Error to the Municipal Court of Chicago; the Hon. Charles N. Goodnow, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Affirmed.

Opinion filed October 10, 1916.

Statement of the Case.

Action by Patrick McCormick, plaintiff, against the National Live Stock Insurance Company, a corporation, defendant, to recover for the loss of a horse insured by the defendant. To review a judgment for plaintiff, defendant prosecutes a writ of error.

Douglas C. Gregg, for plaintiff in error.

Robert P. Burkhalter and Mortimer M. Newfield, for defendant in error."

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Barnes

delivered the opinion of the" court.