Syracuse Malleable Iron Works v. Travelers Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Syracuse Malleable Iron Works, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 18th day of March, 1916, dismissing the complaint on the merits upon the decision of the court after a trial at the Onondaga Trial Term, the case having been withdrawn from the consideration of the jury by consent.
1Opinion of the Court
De Angelis, J.: .
The action was by the insured against the insurer upon an employers’ liability insurance contract to recover an alleged *743loss. The defense was that the loss was not covered by the terms of the contract.
The plaintiff is engaged in manufacturing malleable iron. On the 9th day of August, 1910, the roof of its annealing room was destroyed by fire. This room was in a one-story building one hundred and forty-four feet long and forty-eight feet wide. The walls were seventeen feet high, made of stone and brick, and remained intact after the fire, except in some slight particulars. The…
2Cited by3 opinions
- Zivitz v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1920
- N. Lekas Corp. v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1955
- Safian v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1940