Underwriters at Lloyds Ins. v. Vicksburg Traction Co.
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. PI. C. Moun&er, Judge. Suit by the Underwriters' at Lloyd’s Insurance Company against the Vicksburg -Traction Company. From .overruling a demurrer to the answer plaintiff appeals. The facts are fully stated in the opinion of the court. We think that the ruling'of the trial judge in holding the recovery in the O’Neil case a.bar to this action was manifest error.
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Appeal from the circuit court of Warren county. Hon. PI. C. Moun&er, Judge. Suit by the Underwriters' at Lloyd’s Insurance Company against the Vicksburg -Traction Company. From .overruling a demurrer to the answer plaintiff appeals. The facts are fully stated in the opinion of the court. We think that the ruling'of the trial judge in holding the recovery in the O’Neil case a.bar to this action was manifest error. We concede that if this suit were brought by O’Neil himself seeking to recover for damages to his automobile that his recovery in the former suit would estop him from any further…
1Opinion of the CourtReed, J.
F. E. O’Neil, on September 5, 1909, while driving his automobile along the streets of Vicksburg and crossing the tracks of the Vicksburg Traction Company, was struck by an electric car. His automobile was damaged and he was injured in his person. He held a policy of insurance on the automobile in the appellant company, dated August 2, 1909. Pursuant to this policy, on November 26, 1909, in consideration of the payment by appellant •of the amount of the policy, as required thereby, Mr. O’Neil executed to appellant an article of subrogation, in accordance with the terms -of the policy, whereby…
2Cases cited2 opinions
- King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Kimball v. Louisville & Nashville RailroadMississippi Supreme Court · 1908
3Cited by28 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Edgar T. Weekes v. Atlantic National Ins. Co., California State Auto Association v. Atlantic National Ins. Co., Atlantic National Ins. Co. v. California State Auto AssociationCourt of Appeals for the Ninth Circuit · 1966
- Rosenthal v. ScottSupreme Court of Florida · 1963
- Thornton v. Insurance Company of North AmericaMississippi Supreme Court · 1973
- Saber v. Supplee-Wills-Jones Milk Co.Superior Court of Pennsylvania · 1956
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