East Carolina Railway Co. v. Maryland Casualty Co.
Supreme Court of North Carolina
Civil actioh, tried before Biggs, J., and a jury, at April Term, 1907, of the Superior Court of Edgecojob County. This action was brought by the plaintiff to recover $1,999, alleged to be due on a contract to indemnify it against liability to its employees, which was the amount theretofore adjudged to one J. G-. Andrews, an employee of the plaintiff, on account of injuries received by the negligence of Henry Clark Bridgers, another of its employees, in a snit brought by him…
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Civil actioh, tried before Biggs, J., and a jury, at April Term, 1907, of the Superior Court of Edgecojob County. This action was brought by the plaintiff to recover $1,999, alleged to be due on a contract to indemnify it against liability to its employees, which was the amount theretofore adjudged to one J. G-. Andrews, an employee of the plaintiff, on account of injuries received by the negligence of Henry Clark Bridgers, another of its employees, in a snit brought by him against the plaintiff. The policy of the defendant indemnifies “against loss from common-law or statutory liability; for…
1Opinion of the Court
Walker, J.,.after stating the case: Tbe policy upon which this suit was brought is most clearly restricted to cases where the injury results to an employee of the insured from the negligence of some other employee, whose wages were on the pay roll of the company and included or considered in the estimate upon which the .premium was computed. Parties who are sui juris must be permitted to make contracts for themselves, and the Court, in the absence of any equitable element invoking its protection in favor of one or the other of the parties, must take the contract as it finds it and so construe…
2Cases cited10 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Crowell v. Maryland Motor Car InsuranceSupreme Court of North Carolina · 1915
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Smith v. National Fire Insurance Co. of HartfordSupreme Court of North Carolina · 1918
- Stagg v. Spray Water Power & Land Co.Supreme Court of North Carolina · 1916
- Leaksville Light & Power Co. v. Georgia Casualty Co.Supreme Court of North Carolina · 1924
3 more not listed; retrieve them via the Exa API.