Sargent Manufacturing Co. v. Travelers' Insurance
Michigan Supreme Court
Error to Muskegon; Sessions, J. Assumpsit by the Sargent Manufacturing Company against the Travelers’ Insurance Company on a policy indemnifying plaintiff against accidents to employés. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.
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Error to Muskegon; Sessions, J. Assumpsit by the Sargent Manufacturing Company against the Travelers’ Insurance Company on a policy indemnifying plaintiff against accidents to employés. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error. Complainant was the holder of an employer’s liability insurance policy in defendant company when, on August 14, 1906, one Sofus Lund, an employé 15 years of age, was injured while performing the duties of tailer on a planer. Notice of the injury was at once given defendant, as required by the terms of the…
1Opinion of the CourtBrooke, J.
{after stating the facts). It will be noted that the learned circuit judge directed a verdict against defendant, upon the ground that, being fully advised of the facts as to the employment and injury of Lund, it elected to assume the defense of the action, instead of repudiating its liability. This direction assumes, first, that the duty of election rested upon defendant, and, secondly, that, in participating in the defense, it indicated an election to be bound, despite the limitations of its liability, under its contract with plaintiff. That contract provided, among other things, that if…
2Cases cited8 opinions
- Tozer v. Ocean Accident & Guarantee Corp.Supreme Court of Minnesota · 1905
- Royle Mining Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1907
- Sterling v. Union Carbide Co.Michigan Supreme Court · 1905
- Globe Navigation Co. v. Maryland Casualty Co.Washington Supreme Court · 1905
- Frank Unnewehr Co. v. Standard Life & Accident Ins.Court of Appeals for the Sixth Circuit · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- City of Grosse Pointe Park v. Michigan Municipal Liability & Property PoolMichigan Supreme Court · 2005
- Salonen v. PaanenenMassachusetts Supreme Judicial Court · 1947
- Peterson v. MaloneySupreme Court of Minnesota · 1930
- Clark Motor Co. v. United Pacific InsuranceOregon Supreme Court · 1943
- Basta v. United States Fidelity & Guaranty Co.Supreme Court of Connecticut · 1928
20 more not listed; retrieve them via the Exa API.