Freiberger v. Globe Indemnity Co.

McAvoy, J.:

The action was brought to recover the amount of damage caused to the plaintiff’s automobile by the fall of an elevator on which it was being lowered. The defendant had issued to the plaintiff a policy of insurance in which it agreed to indemnify the plaintiff against loss by reason of damage to his automobile caused solely by accidental collision with another object either moving or stationary.

The case was originally heard at a Trial Term of the City Court of the City of New York, and upon the plaintiff’s motion a verdict was directed in his favor in the sum of $1,492.95. The…