Maryland Casualty Co. v. Price
District Court, S.D. West Virginia
At Law. Action by the Maryland Casualty Company against Price, Smith, Spilman & Clay. 'This is an action brought by the Maryland Casualty Company against the defendants, who were the regularly retained counsel of plaintiff company at Charleston, W. Va.
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At Law. Action by the Maryland Casualty Company against Price, Smith, Spilman & Clay. 'This is an action brought by the Maryland Casualty Company against the defendants, who were the regularly retained counsel of plaintiff company at Charleston, W. Va. The plaintiff company is engaged, inter alia, in issuing policies of liability insurance, and had issued such a policy to the Wylie Permanent Camping Company, a corporation of the state of West Virginia, doing a transportation and camping business in Yellowstone National Park, in the state of Wyoming. It appears that in the year 1908, and…
1Opinion of the CourtKeller, District Judge
[1] (after stating the facts as above). Of course, the question here is whether the declaration, taking all the facts stated as true, makes a prima facie case for recovery. It is ordinarily true that in a suit against attorneys for negligence it is necessary to allege and to prove that the negligence complained of is the proximate cituse of the loss complained of; in other words, to aver and prove, either that the loss would not have occurred, or that its amount would have been lessened, but for the negligence complained of.
It is true, however, that in Wharton on Negligence, 752, it is stated…
2Cases cited1 opinion
- Spangler v. SellersUnited States Circuit Court · 1881
3Cited by1 opinion
- Rorrer v. CookeSupreme Court of North Carolina · 1985