Morris v. Travelers' Ins.
U.S. Circuit Court for the District of Vermont
At Law. Action by David M. Morris against the Travelers’ Insurance Company and the Union Soapstone Company. Demurrer to declaration sustained. An action on the case.
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At Law. Action by David M. Morris against the Travelers’ Insurance Company and the Union Soapstone Company. Demurrer to declaration sustained. An action on the case. The declaration, briefly stated, alleges, in the first count: That the defendant Union Soapstone Company, a corporation organized under the laws of the state of New Hampshire and doing business in Chester, in the state of Vermont, engaged the plaintiff in its employ, and on March 11, 1902, the plaintiff, without fault on his part, was seriously injured through the negligence of the said company, to the damage of the plaintiff…
1Opinion of the CourtMartin, District Judge
(after stating the facts as above). This is clearly an attempt to attack collaterally a judgment of a court of competent jurisdiction and to try the validity of such judgment by jury, and at the same time to try by the same jury the original cause of action upon which that judgment was rendered.
[1] The plaintiff has no right of action at law against the Travelers’ Insurance Company, as he had no contractual relations with said *214company. True it is that he has alleged that the two companies colluded to defraud him the bringing of the suit that he now seeks to avoid. The plaintiff alleges that…
2Cases cited4 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Fogg v. BlairSupreme Court of the United States · 1891
- French v. RaymondSupreme Court of Vermont · 1909
- Harris v. BottumSupreme Court of Vermont · 1908
3Cited by7 opinions
- Dockery v. Central Arizona Light & Power Co.Arizona Supreme Court · 1935
- Gerini v. Pacific Employers InsuranceCalifornia Court of Appeal · 1938
- Henderson v. TowleArizona Supreme Court · 1922
- Simpkins v. BrooksDistrict of Columbia Court of Appeals · 1946
- Risman, Partners v. KruparOhio Court of Appeals · 1933
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