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.
Read the full summary
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…
1Opinion of the CourtElkus, J.
This action is upon a policy of accident insurance issued by the defendant to the plaintiff. By article VII of the policy it is provided that the amounts specified to be paid by other articles shall be doubled if ;?she bodily injury is sustained by the assured “ while in or on a public conveyance {including the platform, steps and running-board thereof) provided by a common carrier for passenger service.” The stipulated facts show: On October 8, 1915, the plaintiff was at the corner of State and Pearl streets in the city of Albany in front of the office of the Yellow-Taxi Service, Inc.; a cab…
2Cases cited10 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Aschenbrenner v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- Anderson v. Yellow Cab Co.Wisconsin Supreme Court · 1923
- McCusker v. Curtiss Wright Flying Service, Inc.Appellate Court of Illinois · 1933
- Matter of Motor Haulage Co. v. MaltbieNew York Court of Appeals · 1944
- W. N. Stevenson & Co. v. HartmanNew York Court of Appeals · 1921
21 more not listed; retrieve them via the Exa API.