E. J. Albrecht Co. v. Fidelity & Casualty Co. of New York

Plaintiff brought suit on a public liability insurance policy issued by defendant to recover a sum paid in settlement of a judgment entered against plaintiff, as well as the costs of litigation and attorney’s fees incurred in defending the suit. The court sustained defendant’s motion to dismiss the complaint for failure to state a cause of action, and plaintiff having-elected to stand by its complaint, judgment was entered in favor of defendant. This appeal followed.

The complaint alleges that in the summer of 1932, E. J. Albrecht Company was erecting a bridge over the Desplaines river, near…