Travelers Ins. v. Henderson Cotton Mills
Court of Appeals of Kentucky
Case 28. — ACTION BY THE HENDERSON COTTON MILLS AGAINST THE TRAVELERS INS. CO., ON AN EMPLOYER’S INDEMNITY POLICY OP INSURANCE Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for plaintiff. Defendant appeals. The age of John Warren was a vital and material issue in the case.
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Case 28. — ACTION BY THE HENDERSON COTTON MILLS AGAINST THE TRAVELERS INS. CO., ON AN EMPLOYER’S INDEMNITY POLICY OP INSURANCE Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for plaintiff. Defendant appeals. The age of John Warren was a vital and material issue in the case. The defendant, having been forced by the court to take the burden of proof in framing the issue, established in the clearest and most convincing way that John Warren was under the age of twelve years at the time of his injury and death. To meet this evidence the plaintiff was permitted, over the…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirming.
On February 22, 1901, John Warren, an employe of -the Henderson Cotton Mills, was killed;, suit was brought by his administrator against it, and a judgment was recovered for $2,944.40 and costs, which was affirmed by this court. (Henderson Cotton Mills v. Warren’s Administrator, 70 S. W., 658, 24 Ky. Law Rep., 1030.) The Henderson Cotton Mills paid the judgment, and then instituted this suit against the Travelers Insurance Company on a policy issued to it on the 4th of April, 1900, indemnifying it for the period of one year against such losses. The…
2Cases cited7 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Cheever v. CongdonMichigan Supreme Court · 1876
- Central Railroad v. CogginSupreme Court of Georgia · 1884
- Hill v. EldridgeMassachusetts Supreme Judicial Court · 1879
- Cherry v. StateSupreme Court of Alabama · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Maryland Casualty Co. v. Omaha Electric Light & Power Co.Court of Appeals for the Eighth Circuit · 1907
- Aetna Life Insurance v. Bowling Green Gas Light Co.Court of Appeals of Kentucky · 1912
- General Accident, Fire & Life Assurance Corp. v. Louisville Home Telephone Co.Court of Appeals of Kentucky · 1917
- Pollack v. Metropolitan Life Ins. Co.Court of Appeals for the Third Circuit · 1943
- Puget Sound Improvement Co. v. Frankfort Marine, Accident & Plate Glass InsuranceWashington Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.