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METROPOLITAN LIFE INS. CO. v. HOGAN

No. 4860.

63 F.2d 654 (1933)

METROPOLITAN LIFE INS. CO. v. HOGAN.

Circuit Court of Appeals, Seventh Circuit.

March 10, 1933.

Attorney(s) appearing for the Case

Rudolph J. Kramer, Bruce A. Campbell, R. Emmett Costello, and Roland H. Wiechert, all of East St. Louis, Ill., for appellant.

C. W. Terry, Charles E. Gueltig, and M. D. Powell, all of Edwardsville, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and WILKERSON, District Judge.

SPARKS, Circuit Judge (after stating the facts as above).

It is first contended by appellant that there is no substantial evidence in the record which discloses that insured came to his death by accidental means. The burden of proving that fact was upon appellee. Burkett v. New York Life Insurance Co. (C. C. A.) 56 F.2d 105; Fidelity & Casualty Company of New York v. Weise, 182 Ill. 496, 55 N. E. 540. The presumption is that the...

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