Automatic Sprinkler Co. of America v. Employers' Liability Assurance Corp. of London
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Automatic Sprinkler Company of America, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 7th day of July, 1913, setting aside the verdict of a jury in plaintiff’s favor rendered by direction of the court, and granting a new trial as a matter of law.
1Opinion of the Court
Stapleton, J.:
The plaintiff sued the defendant to recover damages in the sum of $12,626. That sum was in excess of the sum of $5,000 which the defendant paid the plaintiff in discharge of its obligation under a contract of insurance against casualty. By that contract the defendant agreed to indemnify the Mann*672facturera’ Automatic Sprinkler Company for damages paid by it on account of bodily injuries accidentally suffered by its employees while at or about its work, described in a schedule attached to the contract, by reason of the prosecution of the work at the location described in the…
2Cases cited2 opinions
- Tolmie v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Tolmie v. . Fidelity and Casualty Company of New YorkNew York Court of Appeals · 1906