Legal Opinion

Employers Mutual Liability Insurance v. Ætna Casualty & Surety Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 1959PublishedCited by 7 opinions

1Opinion of the Court

Submission of a controversy upon an agreed statement of facts. Judgment unanimously directed for defendant, without costs. In our opinion the stipulated facts fail to show that the injuries to a named pedestrian resulted from the negligence of defendant’s insured in the loading or unloading process described therein. So far as the stipulated facts indicate, the employees on the truck of the defendant’s insured had lined the “ skids ” up against the building of the consignee, plaintiff’s insured, or at the curb, had tucked ropes under the wheels of the skids to keep them from rolling, had then…

2Cases cited4 opinions

  1. Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
  2. McGoldrick v. BodkinAppellate Division of the Supreme Court of the State of New York · 1910
  3. Town of Pelham v. City of Mount VernonNew York Court of Appeals · 1952
  4. Alexander T. Stephan, Inc. v. Bank of United StatesAppellate Division of the Supreme Court of the State of New York · 1932

3Cited by7 opinions

  1. St. Paul Mercury Insurance Company v. Dewey HuittCourt of Appeals for the Sixth Circuit · 1964
  2. Utica Mutual Insurance v. Prudential Property & Casualty InsuranceNew York Court of Appeals · 1985
  3. Moore-McCormack Lines, Inc. v. Maryland Casualty Co.District Court, S.D. New York · 1959
  4. Foremost Insurance v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
  5. Walton v. Lumberman's Mutual Casualty Co.New York Supreme Court · 1994

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