FIREMAN'S FUND INSURANCE COMPANY v. Lubash

This is an action of assumpsit which was submitted to a justice of the superior court for his determination on an agreed statement of facts. He rendered a decision in favor of the defendant, holding therein that the statute on which the plaintiff based its declaration did not create a right of action in its behalf against the defendant and, further, that if it did the action would properly be in case and not in assumpsit. The plaintiff excepted to such decision and under its bill of exceptions duly prosecuted to this court contends that the trial justice erred in both respects.

The agreed…