Legal Opinion

American Employers' Liability Insurance v. Fordyce

Supreme Court of Arkansas

Decided July 8, 1896PublishedCited by 55 opinions

Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. The American Employers’ Liability Insurance Company issued its policy to the City Electric Street Railway Company, which contained this clause: “That said company will pay to the insured or their legal representatives all damag'es with which the insured may be legally charged, or which the insured may be required to pay (not exceeding the amounts hereinafter limited), for or by reason of any…

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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. The American Employers’ Liability Insurance Company issued its policy to the City Electric Street Railway Company, which contained this clause: “That said company will pay to the insured or their legal representatives all damag'es with which the insured may be legally charged, or which the insured may be required to pay (not exceeding the amounts hereinafter limited), for or by reason of any liability on account of injuries inflicted upon the person or property of any person or persons whomsoever while traveling…

1Opinion of the Court

Wood, J.,

(after stating the facts). The findings of fact are comprehensive and accurate. We do not discuss the evidence upon which these findings are based for the reason that objection is urged here, not to the findings of fact, but to the legal conclusions drawn from them.

1. Appellants asked the court to declare the law to be “that the insurance contract sued on herein is a contract of indemnity, and that no liability is incurred thereon until the insured suffers a loss, and that the loss in this case would be an actual payment of the judgment rendered in favor of Callie Meredith.” The…

2Cases cited20 opinions

  1. Wicker v. HoppockSupreme Court of the United States · 1867
  2. Locke v. HomerMassachusetts Supreme Judicial Court · 1881
  3. Miller v. Life InsuranceSupreme Court of the United States · 1871
  4. Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
  5. Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872

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3Cited by55 opinions

  1. Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
  2. Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
  3. Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
  4. Quinlan v. Liberty Bank and Trust Co.Supreme Court of Louisiana · 1991
  5. Fenton v. Fidelity & Casualty Co.Oregon Supreme Court · 1899

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