People's Ice Co. v. Employers' Liability Assurance Corp.
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against liability for personal injuries occasioned to the plaintiff’s employees, issued to the plaintiff by the defendant. Trial in the Superior Court, before Braley, J., who directed the jury to return a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. The material facts appear in the opinion.
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Contract upon a policy of insurance against liability for personal injuries occasioned to the plaintiff’s employees, issued to the plaintiff by the defendant. Trial in the Superior Court, before Braley, J., who directed the jury to return a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. The material facts appear in the opinion. The case was argued at the bar in November, 1893, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtAllen, J.
In October and November, 1888, before the time when there was any ice to cut, the plaintiff, which was a corporation engaged in the ice business, was building a large new ice-house at Wigwam Pond in Dedham, it already having some smaller ice-houses there, as well as at other places. During the process of construction, the new ice-house fell, causing injury to several of the plaintiff’s employees, to whom the plaintiff after-wards paid compensation. The question is whether these injuries were within the policy.
It seems to us that they were not. The policy and the application are to be…
2Cases cited3 opinions
- Benson v. GrayMassachusetts Supreme Judicial Court · 1891
- Davis v. GalloupeMassachusetts Supreme Judicial Court · 1872
- Potter v. SmithMassachusetts Supreme Judicial Court · 1869
3Cited by9 opinions
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
- Hoven v. Employers' Liability Assurance Corp.Wisconsin Supreme Court · 1896
- Cornell v. . Travelers' Ins. Co.New York Court of Appeals · 1903
- Corbett's CaseMassachusetts Supreme Judicial Court · 1930
- Terrasi v. PeirceMassachusetts Supreme Judicial Court · 1939
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