Newton v. . Seeley
Supreme Court of North Carolina
AotioN tried before McElroy, J., on demurrer, at March Term, 1919,. of Chebokee. The plaintiff, who was employed by defendant E. R. Seeley, alleges-that he was injured by the negligence of his employer, as set forth in the complaint.
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AotioN tried before McElroy, J., on demurrer, at March Term, 1919,. of Chebokee. The plaintiff, who was employed by defendant E. R. Seeley, alleges-that he was injured by the negligence of his employer, as set forth in the complaint. The negligence, as alleged, consisted in the failure to-prop or secure in some way the sides of the cut or pit, at the bottom of which the plaintiff v'as digging for iron, ore, which caused the side wall of the pit to cave in and injure the plaintiff. Defendant Seeley was ihsured by the defendant Maryland Casualty-Company, and by the terms of the policy it was…
1Opinion of the Court
Walker, J.,
after stating the facts: This case is clearly governed by Clark v. Bonsal, 157 N. C., 270, and Hensley v. Furniture Co., 164 N. C., 148, which were actions upon identical policies issued by the same company. In Clark v. Bonsal, supra, Justice Hoke .says: “The courts, in construing contracts of this character, have generally held that if the indemnity is clearly one against loss or damage, no action will lie in favor of the insured till some damage has been sustained, either by payment of the whole sum or some part of an employee’s claim; but if the stipulation is in effect one…
2Cases cited8 opinions
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Fidelity & Casualty Co. v. MartinCourt of Appeals of Kentucky · 1915
- Finley v. United States Casualty Co.Tennessee Supreme Court · 1904
- Hensley v. McDowell Furniture Co.Supreme Court of North Carolina · 1913
- Lowe v. . Fidelity and Casualty Co.Supreme Court of North Carolina · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Small Ex Rel. Balthis v. MorrisonSupreme Court of North Carolina · 1923
- Luges v. WindellWashington Supreme Court · 1921
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
- Harrison v. Southern Transit Corp.Supreme Court of North Carolina · 1926
- Thacher v. Ætna Accident & Liability Co.Court of Appeals for the Eighth Circuit · 1923
3 more not listed; retrieve them via the Exa API.