Scarritt Estate Co. v. Casualty Co. of America
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon, Joseph A. Guthrie, Judge. (1) Appellant’s instruction in the nature of a demurrer to the evidence should have been sustained. The policy did not cover loss from liability. for injuries suffered by any person before the premises or •elevator plant were completed ready for occupancy. The elevator plant was not completed ready for occupancy at the time of the injury. Donnell Mfg. Co. v. Hart, 40 Mo.
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Appeal from Jackson Circuit Court. — Hon, Joseph A. Guthrie, Judge. (1) Appellant’s instruction in the nature of a demurrer to the evidence should have been sustained. The policy did not cover loss from liability. for injuries suffered by any person before the premises or •elevator plant were completed ready for occupancy. The elevator plant was not completed ready for occupancy at the time of the injury. Donnell Mfg. Co. v. Hart, 40 Mo. App. 512; Bestor v. Roberts, 58 Ala. 331; Rogers v. Kimball, 121 Cal. 247; Winton v. Meeker, 25 Conn. 456 ; Conn v. Jones, 99 Gra. 608; Israel v. Reynolds,…
1Opinion of the CourtJohnson, J.
— This is an action on a policy of insurance issued by defendant to plaintiff on June 1, 1907, by the terms of which, defendant in consideration of a premium of $70 agreed to indemnify plaintiff “against loss by reason of the liability imposed by law upon the assured for damages on account of bodily injuries . . . suffered through an accident occurring during the term of this insurance policy, by . . any person . . not employed by the assured while in the car of any elevator mentioned in the schedule herein or while entering upon or alighting from such car or in the elevator well or hoisting…
2Cases cited11 opinions
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
- Polk v. Western Assurance Co.Missouri Court of Appeals · 1905
- Riley v. American Central InsuranceMissouri Court of Appeals · 1906
- Rogers v. Home InsuranceMissouri Court of Appeals · 1911
- Rice, Stix & Co. v. McClure & HarperMissouri Court of Appeals · 1898
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3Cited by3 opinions
- Firemen's Ins. Co. Of Newark, N.J. v. SmithCourt of Appeals for the Eighth Circuit · 1950
- Firemen's Ins. v. SmithDistrict Court, W.D. Missouri · 1949
- White v. Citizens Insurance Co. of New JerseyMissouri Court of Appeals · 1962