Legal Opinion

London Guarantee & Accident Co. v. Mississippi Central Railroad

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 5 opinions

From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. The railroad company, appellee, was plaintiff in the court below; the guarantee, etc., company, appellant, was. defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are stated in the opinion of the court. Whether or not the guarantee company was liable to. the railroad company in any sum, was purely a question of fact for-the jury.

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From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. The railroad company, appellee, was plaintiff in the court below; the guarantee, etc., company, appellant, was. defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are stated in the opinion of the court. Whether or not the guarantee company was liable to. the railroad company in any sum, was purely a question of fact for-the jury. Clause “E” of the policy is as.follows: “The assured shall not voluntárily assume any liability, nor shall the assured, without the written…

1Opinion of the Court

Whitfield, O.

The railroad company sued the insurance company for the •sum of $3,000, for the purpose of reimbursing itself for certain moneys paid out by the said railroad company in settlement of certain personal injury claims, for which it is alleged in the declaration the plaintiff held against the said insurance company an employer’s liability policy, by the terms of which the insurance company agreed and bound itself to indemnify the said railroad company against losses growing out of liability imposposed upon the railroad company for damages on account of bodily injuries or death…

Also in this document: Per curiam.

2Cases cited8 opinions

  1. Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
  2. Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
  3. Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
  4. Cleaver v. Traders' InsuranceMichigan Supreme Court · 1888
  5. Home Insurance Co. of New York v. GibsonMississippi Supreme Court · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. New York Life Insurance v. O'DomMississippi Supreme Court · 1911
  2. Fraternal Aid Union v. WhiteheadMississippi Supreme Court · 1921
  3. Cohen v. Home Insurance Co.Superior Court of Delaware · 1918
  4. Brotherhood of Railroad Trainmen v. WalkerMississippi Supreme Court · 1933
  5. Travelers' Fire Ins. v. PriceMississippi Supreme Court · 1934

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