Anderson v. . Fidelity Casualty Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 10,1918, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury, by increasing the amount of the recovery. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 10,1918, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury, by increasing the amount of the recovery. The nature of the action and the facts, so far as material, are stated in the opinion. When respondent was injured, met with his accident, this taxicab was not a public conveyance, was not provided by a common carrier, and was not then a public conveyance for passenger service. The owner was…
1Concurrence
Hiscock, Ch. J.
(concurring). While plaintiff was alighting from a taxicab in the city of Albany he met with an accidental injury. At the time he held a policy issued by the defendant insuring him against injury through accidental means which provided that the amount to be paid in case of such an injury should be doubled if it was sustained by the assured “ while in or on a pubhc conveyance * * * provided by a common carrier for passenger service.” By the judgment which has been recovered for double payment under this clause, the question has been presented whether the taxicab in which…
2Cases cited15 opinions
- Terminal Taxicab Co. v. KutzSupreme Court of the United States · 1916
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- Nevin v. Pullman Palace Car Co.Illinois Supreme Court · 1883
- Carlton v. BoudarSupreme Court of Virginia · 1916
- Fidelity & Casualty Co. v. JoinerCourt of Appeals of Texas · 1915
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