Employers' Liability Assur. Corp. v. Chicago & Big Muddy Coal & Coke Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The action in the Circuit Court was to recover on a policy of insurance, indemnifying the defendant in error against loss, for common law or statutory liability, for damages on account of bodily injuries, fatal or non-fatal, suffered within the period of such policy, by any employs of the defendant in error.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The action in the Circuit Court was to recover on a policy of insurance, indemnifying the defendant in error against loss, for common law or statutory liability, for damages on account of bodily injuries, fatal or non-fatal, suffered within the period of such policy, by any employs of the defendant in error. The occasion of the.suit was that one Charles Coats, an employs of defendant in error, while on duty as such employs, in its- coal mine, was struck by a large piece of slate falling from the roof of…
1Opinion of the CourtGrosscup, Circuit Judge
We see no way of reviewing the first four assignments of error. The specific facts, to which they relate, were merged in, and are determined by, the general finding of the court. It is difficult, too, to see how, under the fifth and sixth assignments of error, there being no motion for a new trial or in arrest of judgment, there can be any case made here. But objection on that score being waived, we are willing, without approving the correctness of the practice involved, to pass upon the point of merit raised.
The point made is this: The policy of assurance indemnifies against loss from common…
2Cited by25 opinions
- Faber v. RoelofsSupreme Court of Minnesota · 1977
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Humes Construction Co. v. Philadelphia Casualty Co.Supreme Court of Rhode Island · 1911
- Oehme v. JohnsonSupreme Court of Minnesota · 1930
- Commercial Casualty Ins. v. Fruin-Colnon Contracting Co.Court of Appeals for the Eighth Circuit · 1929
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