United States Casualty Co. v. Bagley
Michigan Supreme Court
Error to Wayne; Frazer, J. Case by the United States Casualty Company against John N. Bagley and others for negligence in the construction of a sprinkler system in premises leased to plaintiff’s assignors. From a judgment for plaintiff, defendants bring error. This is an action on the case for negligence.
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Error to Wayne; Frazer, J. Case by the United States Casualty Company against John N. Bagley and others for negligence in the construction of a sprinkler system in premises leased to plaintiff’s assignors. From a judgment for plaintiff, defendants bring error. This is an action on the case for negligence. The plaintiff is an insurance company, which had insured the goods of Burnham, Stoepel & Co. against damage which might be caused by the accidental' discharge or leakage of water from the automatic fire-extinguishing apparatus in the building occupied by that firm. The Bagley estate, so…
1Opinion of the CourtMontgomery, C. J.
(after stating the facts). The defendants contend that there was testimony which would justify a finding by the jury that plaintiff was guilty of negligence in insuring the risk, and that it should be held that, if it was guilty of such negligence, there can be no recovery against the defendants. The difficulty we find in assenting to this contention lies in the fact that there were no relations whatever between the plaintiff and the defendants which imposed any duty upon the plaintiff to refrain from making any contract to indemnify Burnham, Stoepel & Co. which, in the judgment of its…
2Cases cited4 opinions
- Perrott v. ShearerMichigan Supreme Court · 1868
- Peter v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1899
- Insurance Co. v. The C. D., Jr.U.S. Circuit Court for the District of Eastern Louisiana · 1870
- Sun Mut. Ins. v. Mississippi Valley Transp. Co.U.S. Circuit Court for the District of Eastern Missouri · 1883
3Cited by5 opinions
- Travelers' Ins. Co. v. Great Lakes Engineering Works Co.Court of Appeals for the Sixth Circuit · 1911
- Wood v. VromanMichigan Supreme Court · 1921
- Powers v. EllisIndiana Supreme Court · 1952
- Citizens Insurance Co. of America v. BuckMichigan Court of Appeals · 1996
- Sloat-Darragh Co. v. General Coal Co.Court of Appeals for the Sixth Circuit · 1921