Legal Opinion
Carles v. Travelers Insurance
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 1933PublishedCited by 16 opinions
1Opinion of the CourtO'Malley, J.
In the appeals from the judgment in favor of the plaintiff and from the order denying defendant’s motion for judgment on the pleadings, there is presented a single question. In this action on an insurance policy brought under the provisions of section 109 of the Insurance Law, is the burden upon plaintiff to prove that the operator of an elevator was of legal age, or is it incumbent upon the defendant carrier to disprove such fact?
The complaint sets forth facts showing that plaintiff prior to the commencement of the action had obtained a judgment for personal injuries sustained through the…
2Cases cited2 opinions
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Lavine v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1933
3Cited by16 opinions
- New York & Cuba Mail S. S. Co. v. Continental Ins. Co. of New YorkCourt of Appeals for the Second Circuit · 1941
- Ruffalo's Trucking Service, Incorporated v. National Ben-Franklin Insurance Company of Pittsburgh, PennsylvaniaCourt of Appeals for the Second Circuit · 1957
- Mobil Oil Corp. v. Reliance InsuranceNew York Supreme Court · 1971
- Sachs v. American Central InsuranceNew York Supreme Court · 1962
- Letson v. Sun Indemnity Co.New York Supreme Court · 1933
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