Magoun v. Liberty Mutual Insurance

Magoun, a subcontractor doing steel erection in the construction of a school in Hyde Park, seeks in this action of contract to recover from the insurance company (Liberty) his expenses in defending an action of tort brought against him by the administratrix of the estate of one Barker. The declaration (see fn. 3, infra) in that action alleged negligence causing Barker’s death and conscious suffering. The present case, before us on Liberty’s bill of exceptions, was heard in the Superior Court upon a statement of agreed facts. Liberty requested a ruling that “ [o]n the facts stated, as a matter…