Byrd v. Georgia Casualty Co.
Supreme Court of North Carolina
Appeal by J. R. Cannady, surviving partner of Gibson & Cannady, plaintiff, from Daniels, J., at March Term, 1922, of Dueham. ' This case was heard by Daniels, J., upon agreed facts. The only parties before the court are J. R. Cannady, surviving partner of the firm of Gibson & Cannady, and the defendant company.
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Appeal by J. R. Cannady, surviving partner of Gibson & Cannady, plaintiff, from Daniels, J., at March Term, 1922, of Dueham. ' This case was heard by Daniels, J., upon agreed facts. The only parties before the court are J. R. Cannady, surviving partner of the firm of Gibson & Cannady, and the defendant company. The defendant insured the plaintiff Gibson & Cannady against loss arising on account of injuries suffered, including death resulting therefrom, at any time by any employee of the assured in the operation of the work described in the statements attached to said policy and agreed to…
1Opinion of the Court
Olaek, O. J.
One Potts, an employee of Gibson & Cannady, was injured by the falling of a wall, and instituted an action against them and the owners of the building; the defendant insurance company denied liability for the injury, and refused to defend the suit brought by Potts, alleging that the injury was not sustained in the work which was within the terms of the policy. The policy specified that the injury insured against was any which should occur in “the erection of any building, including foundations.” The construction described was “an addition to their store building, known as the old…
2Cases cited2 opinions
- Midgett v. . VannSupreme Court of North Carolina · 1912
- Wollman v. Fidelity & Casualty Co.Missouri Court of Appeals · 1901
3Cited by7 opinions
- State Security Insurance v. LintonAppellate Court of Illinois · 1979
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- In Re Will of HowellSupreme Court of North Carolina · 1933
- Insurance Co v. . Harrison-Wright Co.Supreme Court of North Carolina · 1935
- Ragan v. . RaganSupreme Court of North Carolina · 1923
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