Legal Opinion

Smith & Dove Manufacturing Co. v. Travelers' Insurance

Massachusetts Supreme Judicial Court

Decided May 23, 1898PublishedCited by 30 opinions

Contract, on a policy of insurance against loss from liability to employees injured in the course of their employment. Trial in the Superior Court, before Dunbar, J., who directed the jury to return a verdict for the defendant, and, at the request of the plaintiff, reported the case for the determination of this court. If the ruling was wrong, the case was to be remitted to the Superior Court for a new trial; otherwise, judgment was to be entered on the verdict.

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Contract, on a policy of insurance against loss from liability to employees injured in the course of their employment. Trial in the Superior Court, before Dunbar, J., who directed the jury to return a verdict for the defendant, and, at the request of the plaintiff, reported the case for the determination of this court. If the ruling was wrong, the case was to be remitted to the Superior Court for a new trial; otherwise, judgment was to be entered on the verdict. The facts appear in the opinion.'

1Opinion of the CourtHolmes, J.

This is an action upon a policy of insurance against loss from liability to employees injured in the course of their employment. There is no dispute that a loss happened that was within the policy, and the only defence is that the plaintiff did not give the defendant “ immediate written notice ” *358of the accident, as required by a proviso of the contract. The accident happened on May 28,1895, and was at once known and inquired into by the plaintiff’s manager, whose duty it was to send the defendant the notice required. But his intention to send notice was interrupted by a strike, which gave him…

2Cases cited3 opinions

  1. Railway Passenger Assurance Co. v. BurwellIndiana Supreme Court · 1873
  2. Inman v. Western Fire InsuranceNew York Supreme Court · 1834
  3. Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895

3Cited by30 opinions

  1. Miller v. DiltsIndiana Supreme Court · 1984
  2. Phoenix Cotton Oil Co. v. Royal Indemnity Co.Tennessee Supreme Court · 1918
  3. Jefferson Realty Co. v. Employers' Liability Assurance Corp.Court of Appeals of Kentucky · 1912
  4. Barfield v. Insurance Company of North AmericaCourt of Appeals of Tennessee · 1968
  5. Hoffman v. Employer's Liability Assurance Corp.Oregon Supreme Court · 1934

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