Farmers Handy Wagon Co. v. Casualty Co. of America
Supreme Court of Iowa
Appeal from Polls 'District Court. — W. S. Ayres, Judge. The defendant issued to plaintiff a policy indemnifying plaintiff against any damages it might suffer by reason of bodily injuries due to accident suffered by any employee of the plaintiff. This suit is to recover on said policy for damages sustained by plaintiff from compensation made one of its injured employees. The plaintiff had a verdict, and defendant appeals.
1Opinion of the CourtSalinger, J.
1. Jury: trial by jury: waiver: withdrawal of waiver. I. The parties proceeded to trial before the court without a jury, and in pursuance of a stipulation to waive jury. After the hearing had continued practically to the end of the testimony, an amendment †0 answer offered by defendant changed .the issues. Upon application of the plaintiff, the hearing was, because .of said amendment, continued to a future time. In the record reciting this postponement, it is not said, in terms, that conditions were attached to permitting defendant to file said amendment ; but the record does recite that “the…
2Cases cited15 opinions
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Butler Bros. v. American Fidelity Co.Supreme Court of Minnesota · 1913
- Washburn-Halligan Coffee Co. v. Merchants' Brick Mutual Fire InsuranceSupreme Court of Iowa · 1900
- Boyd v. Cedar Rapids Ins.Supreme Court of Iowa · 1886
- Schaefer v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lawrence v. TschirgiSupreme Court of Iowa · 1953
- Shores Co. v. Iowa Chemical Co.Supreme Court of Iowa · 1936
- Jones v. Southern Surety Co.Supreme Court of Iowa · 1929
- Hartford Accident & Indemnity Co. v. ArmstrongIndiana Court of Appeals · 1955
- Federal Surety Company v. GuerrantCourt of Appeals of Kentucky (pre-1976) · 1931
4 more not listed; retrieve them via the Exa API.