#### Robert E. Cantwell, Appellee, v. General Accident, Fire & Life Assurance Corporation, Appellant.

Gen. No. 22,791.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Joseph S. La But, Judge, presiding. Heard in this court at the October term, 1916.

Reversed with finding of fact.

Opinion filed April 16, 1917.

Statement of the Case.

Action by Eobert E. Cantwell, plaintiff, against the General Accident, Fire & Life Assurance Corporation, defendant, to recover on a policy insuring an automobile against accident. From a judgment for plaintiff for $177.31, defendant appeals.

John A. Bloomingston, for appellant.

No appearance for appellee.

*336Abstract of the Decision.

Insurance, § 659 * —when evidence is sufficient tó show that automobile did not collide with stationary object. Evidence held sufficient to show that plaintiff’s automobile was not, as alleged, at the time in question in collision with any post or any other stationary object, in an action to recover for damages to the automobile alleged to have been sustained by such collision.

*

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

Mr. Justice Holdom

delivered the opinion of the court.