Stenbom v. Brown-Corliss Engine Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Racine county: E. B. Belden, Circuit Judge. Tliis action was brought to recover damages for a personal injury sustained on April 10, 1905, and on January 15, 1907, judgment was rendered in plaintiff’s favor for $10,099.58. After the action was commenced and on November 14,. 1905, the defendant was adjudicated a bankrupt and a receiver in bankruptcy was duly appointed.
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Appeal from an order of the circuit court for Racine county: E. B. Belden, Circuit Judge. Tliis action was brought to recover damages for a personal injury sustained on April 10, 1905, and on January 15, 1907, judgment was rendered in plaintiff’s favor for $10,099.58. After the action was commenced and on November 14,. 1905, the defendant was adjudicated a bankrupt and a receiver in bankruptcy was duly appointed. At the time of plaintiff’s injury the defendant held a liability policy of insurance which indemnified the holder against loss by reason of injuries suffered by an employee, in a sum…
1Opinion of the CourtBarwes, J.
The authorities seem to be quite uniform to-the effect that, under a policy of indemnity insurance such as that here involved, there is no privity of contract between the insurer and the employee, and the latter cannot reach the proceeds of such policy, .at least in an action brought directly against the insurer. Allen v. Ætna L. Ins. Co. 145 Fed. 881, 76 C. C. A. 265, 7 L. R. A. n. s. 958; Connolly *567v. Bolster, 187 Mass. 266, 72 N. E. 981; O’Connell v. N. Y., N. H. & H. R. Co. 187 Mass. 272, 72 N. E. 979; Carter v. Ætna L. Ins. Co. 76 Kan. 275, 91 Pac. 178, 11 L. R. A. n. s. 1155; Cushman v.…
2Cases cited11 opinions
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
- Allen v. Etna Life Ins.Court of Appeals for the Third Circuit · 1906
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1904
- Carter v. Ætna Life InsuranceSupreme Court of Kansas · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Patterson v. AdanSupreme Court of Minnesota · 1912
- Kuntz v. SpenceTexas Commission of Appeals · 1934
- Kinnan v. Charles B. Hurst Co.Illinois Supreme Court · 1925
- Wisconsin Zinc Co. v. Fidelity & Deposit Co. of MarylandWisconsin Supreme Court · 1916
- Combs v. HuntCourt of Appeals of Virginia · 1924
22 more not listed; retrieve them via the Exa API.