#### Simon P. Merriweather, appellee, v. National Life Insurance Company of United States of America, appellant.

Gen. No. 29,498.

Action to recover indemnity under accident insurance policy. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.

Reversed and remanded.

Opinion filed May 11, 1925.

Rehearing denied May 25, 1925.

Norman A. Nelson, for appellant; J. B. Boyer, of counsel.

Chit-tick, Blankenship & Baltz, for appellee; C. L. Blankenship, of counsel.

Mr. Justice Johnston

delivered the opinion of the court.