McAuley v. Casualty Co. of America
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by John McAuley against the Casualty Company of America. Judgment for plaintiff. Defendant appeals. “The construction placed upon a written contract by the appellate court on a former appeal is the law of the case and decisive of the question on a subsequent trial. ’ ’ (Adams v. Thornton, 5 Cal.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by John McAuley against the Casualty Company of America. Judgment for plaintiff. Defendant appeals. “The construction placed upon a written contract by the appellate court on a former appeal is the law of the case and decisive of the question on a subsequent trial. ’ ’ (Adams v. Thornton, 5 Cal. App. 455, 90 Pac. 713; Hiatt v. Brooks, 17 Neb. 33, 22 N. ~W. 73; Kane v. Bippey, 22 Or. 299, 29 Pac. 1005; Palmer v. Murray, 8 Mont. 174, 19 Pac. 553; O’Bourke v. Schultz, 23 Mont. 285, 58 Pac. 712.) Plaintiff had the…
1Opinion of the CourtJustice Smith
For a statement of the facts in this case, see McAuley v. Casualty Co., 37 Mont. 256, 96 Pac. 131. The case is again in this court on defendant’s appeal from a judgment entered against it, on verdict of a jury, and from an order denying its motion for a new trial.
The clauses of the contract which are invoked by the plaintiff to fix a liability on the defendant, read as follows: “(A) In ease the assured [Jno. McAuley] shall, during the term of this insurance, sustain bodily injuries effected solely through ex*189ternal, violent and accidental means * * * which injuries shall, directly and…
2Cases cited11 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- Cary v. Preferred Accident InsuranceWisconsin Supreme Court · 1906
- Delaney v. Modern Accident ClubSupreme Court of Iowa · 1903
- State v. CroweMontana Supreme Court · 1909
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3Cited by12 opinions
- Park Saddle Horse Co. v. Royal Indemnity Co.Montana Supreme Court · 1927
- Renland v. First National BankMontana Supreme Court · 1931
- Dalbey v. Equitable L. Assur. Soc. of U.S.Montana Supreme Court · 1937
- Libby Lumber Co. v. Pacific States Fire InsuranceMontana Supreme Court · 1927
- Rice Oil Co. v. Atlas Assur. Co.Court of Appeals for the Ninth Circuit · 1939
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