Mandell v. Fidelity & Casualty Co.
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance issued by the defendant against the liability of the plaintiff for injuries resulting from accidents caused by the horses and vehicles used in his business of transporting merchandise in Boston. At the trial in the Superior Court, before Lilley, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The accident happened on October 22, 1895. On November 5 the plaintiff received a letter stating that a claim against him had been placed in the writer’s hands, and on the next day called upon the writer to ascertain what the claim was, but did not find him, and it was not until a few days later that he first learned that a man had been run over by one of his drivers. He thereupon ascertained the circumstances, and on November 9,1895, stated them in a letter of that date, which was received by the defendant’s agents on November 11. This letter notified the defendant of the accident, and of…
2Cases cited8 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
- Kentzler v. American Mutual Accident Ass'n of OshkoshWisconsin Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Shapiro v. Public Service Mutual InsuranceMassachusetts Appeals Court · 1985
- Hatch v. United States Casualty Co.Massachusetts Supreme Judicial Court · 1908
- Sheehan v. Commercial Travelers Mutual Accident Ass'n of AmericaMassachusetts Supreme Judicial Court · 1933
- Liberty Mutual Insurance Co. v. Continental Casualty Co., Liberty Mutual Insurance Co. v. Continental Casualty Co.Court of Appeals for the First Circuit · 1985
- McCarthy v. RendleMassachusetts Supreme Judicial Court · 1918
29 more not listed; retrieve them via the Exa API.