Glens Falls Portland Cement Co. v. Travelers' Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 10, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 10, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. At the time the policy was issued, and afterwards until the accident, the setscrew was entirely unguarded, and the plaintiff had express notice of the requirement of the statute to protect it. The clause in the application, promising to conduct all business and maintain all premises to which…
1Opinion of the CourtHaight, J.
This action was brought upon a policy of insurance issued by the defendant to the plaintiff in November, 1894, by which defendant company undertook to insure the plaintiff for the term of one year against loss from liability to employees who might accidentally sustain bodily injuries while in the plaintiff’s employ. The policy, among other things, provided that in case an accident should occur to an employee and a suit should be brought against the cement company to recover damages the insurance company should have the right to control the defense and defend the action on behalf of the cement…
2Cases cited1 opinion
- Cobb v. WelcherNew York Supreme Court · 1894
3Cited by61 opinions
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- Caspar v. LewinSupreme Court of Kansas · 1910
- Fairbanks Canning Co. v. London Guaranty & Accident Co.Missouri Court of Appeals · 1911
- Robertson v. FordIndiana Supreme Court · 1905
- Independent Milk & Cream Co. v. Aetna Life InsuranceMontana Supreme Court · 1923
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