Pennsylvania Casualty Co. v. Whiteway
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the District of-Idaho; Frank S. Dietrich, Judge. Action by A. S. Whiteway and another, doing business as A. S. Whiteway & Co.-, against the Pennsylvania Casualty Company. Judgment for plaintiffs, and defendant brings error.
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In Error to the District Court of the United States for the Southern Division of the District of-Idaho; Frank S. Dietrich, Judge. Action by A. S. Whiteway and another, doing business as A. S. Whiteway & Co.-, against the Pennsylvania Casualty Company. Judgment for plaintiffs, and defendant brings error. The plaintiff in error executed to the defendants in error a policy of accident insurance, whereby it agreed to indemnify the assured against loss by reason of liability for damages on account of bodily injuries to their employes while conducting certain building operations, and to defend, in…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1, 2] The burden of the argument of counsel for the plaintiff in error is that *784tbe evidence overwhelmingly established the fact that Irwin was not a steel man, as he was classified in the policy, and as alleged in the complaint, but was a common laborer, and it ignores the effect of the judgment of the court below, which must be taken as conclusively establishing the contrary, for there was no motion in the court below for a ruling or judgment on that question at the close of the trial, nor does any assignment.of error challenge the finding of the court on…
2Cases cited8 opinions
- Martinton v. FairbanksSupreme Court of the United States · 1885
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Wilson v. Merchants' Loan & Trust Co. of ChicagoSupreme Court of the United States · 1901
- Barnard v. RandleCourt of Appeals for the Eighth Circuit · 1901
- Boardman v. ToffeySupreme Court of the United States · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Wear v. Imperial Window Glass Co.Court of Appeals for the Eighth Circuit · 1915
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Allen v. Cartan & Jeffrey Co.Court of Appeals for the Eighth Circuit · 1925
- Bank of Italy v. F. Romeo & Co.Court of Appeals for the Ninth Circuit · 1923
- China Press, Inc. v. WebbCourt of Appeals for the Ninth Circuit · 1925
19 more not listed; retrieve them via the Exa API.