Western Warehouse Co. v. New Amsterdam Casualty Co.
Oregon Supreme Court
Department 1. Statement by Mr. Justice Burnett. Tbe defendant issued an indemnity policy insuring tbe plaintiff against liability for accident happening in connection with the operation of the latter’s elevator. The complaint alleges an injury to one of the plaintiff’s employees for which it was compelled to respond to him in damages recovered by an action at law which the defendant here was called upon to defend, but refused.
Read the full summary
Department 1. Statement by Mr. Justice Burnett. Tbe defendant issued an indemnity policy insuring tbe plaintiff against liability for accident happening in connection with the operation of the latter’s elevator. The complaint alleges an injury to one of the plaintiff’s employees for which it was compelled to respond to him in damages recovered by an action at law which the defendant here was called upon to defend, but refused. It is said, also, that the defendant denies liability under its policy and that the plaintiff has fully complied with all its conditions. The issuance of the policy and…
1Opinion of the CourtJustice Burnett
The facts disclosed by the testimony of the plaintiff are substantially these: In the warehouse which it occupied there was an elevator extending from the basement to the upper stories of the building. It was installed against the north wall which forms one side of the shaft. The entrance to the 'elevator was on the south side and when not in use gates there prevented persons from entering. Except where shut in' by partition walls or a stairway, the east and west sides of the elevator shaft were barred only by two planks about eight inches wide nailed to the uprights forming the frame of the…
2Cases cited3 opinions
- Doon v. SmithOregon Supreme Court · 1893
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Hildebrand v. United ArtisansOregon Supreme Court · 1907
3Cited by5 opinions
- Whitfield v. KernSupreme Court of New Jersey · 1937
- Courtney v. Ocean Accident & Guaranty Corp.Supreme Court of Missouri · 1940
- Chadwick v. HolmIdaho Supreme Court · 1918
- First National Bank v. MaladyOregon Supreme Court · 1966
- First National Bank v. MaladyOregon Supreme Court · 1966