J. S. Stearns Lumber Co. v. Travelers Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: G. N. EisjoRD, Circuit Judge. Action on a policy of indemnity accident insurance. Plaintiff, a manufacturing company, purchased of defendant a policy of insurance against loss by accidents which might happen to its servants in the course of their employment.
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Appeal from a judgment of the circuit court for Ashland county: G. N. EisjoRD, Circuit Judge. Action on a policy of indemnity accident insurance. Plaintiff, a manufacturing company, purchased of defendant a policy of insurance against loss by accidents which might happen to its servants in the course of their employment. Thereby defendant, in case of such an accident, agreed: 1. Upon notice to investigate or settle the claim for damages in its discretion. 2. In the insured’s name to defend against such claims if deemed best. 3. To pay specified expenses and a stipulated percentage of the…
1Opinion of the CourtMaesiiall, J.
The conclusion of the trial court that appellant became informed of the illegal employment by the-mere suggestion of the boy’s age by the mother on the trial of the first action, cannot be approved. The age of the-minor was not an issue before. At best, the fact was then involved in conflicting evidence. The mother testified one' way and the boy another. But, conceding that the mother’s testimony was the best, and should have been believed, it did not settle the question of whether he was illegally employed. The vital fact of whether he had a legal permit, was not' touched ripon by the…
2Cases cited14 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Tozer v. Ocean Accident & Guarantee Corp.Supreme Court of Minnesota · 1905
- Fairbanks Canning Co. v. London Guaranty & Accident Co.Missouri Court of Appeals · 1911
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
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3Cited by3 opinions
- Schneck v. Mutual Service Casualty InsuranceWisconsin Supreme Court · 1963
- Claverie v. American Casualty Co. of ReadingCourt of Appeals for the Fourth Circuit · 1935
- Employers Casualty Co. v. UnderwoodSupreme Court of Oklahoma · 1930