General Accident Fire & Life Assurance Corp. v. Cosgrove

Both parties agree that the sole question in this case is whether damages flowed to appellant as a result of respondent’s failure to settle the bill of exceptions. This is obviously a question of law properly disposed of on motion for summary judgment.

Appellant further concedes that it had the burden of satisfying the trial court that it sustained damages as a result of respondent’s negligent conduct. It contends that it has discharged such duty in this case and that the trial court should have recognized that fact and entered judgment for it.

Examination of the record in the original action…