Legal Opinion

Creem v. Fidelity & Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1909PublishedCited by 4 opinions

Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 20th day of May, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

The plaintiffs, who are copartners in the contracting business under the firm name of Daniel J. Creem & Co., undertook to build the foundations for the pillars of an elevated railroad which the Phoenix Bridge Company was under contract to construct for the Brighton .Beach Railroad Company. This action was brought on a policy of liability insurance by which defendant indemnified them for the term of one year commencing April 1, 1896, against damages recovered for personal injuries sustained by their employees or by the public generally through the negligence of their employees.…

2Cases cited8 opinions

  1. Matter of Petition of ButlerNew York Court of Appeals · 1886
  2. Phœnix Bridge Co. v. CreemAppellate Division of the Supreme Court of the State of New York · 1905
  3. Cornell v. . Travelers' Ins. Co.New York Court of Appeals · 1903
  4. Tolmie v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904
  5. Tolmie v. . Fidelity and Casualty Company of New YorkNew York Court of Appeals · 1906

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3Cited by4 opinions

  1. Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
  2. Burns v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
  3. Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910

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