Depot Cafe Inc. v. Century Indemnity Co.

This action of contract is brought to recover legal expenses incurred by the plaintiff in defending an action of tort brought against it by one Burns. At the close of the plaintiff’s evidence the defendant rested, and moved for a directed verdict in its favor which was denied by the judge, subject to the defendant’s exception. The judge also refused to instruct the jury in accordance with the requests of the defendant, which excepted to that refusal. The jury returned a verdict for the plaintiff.

The jury could have found the following facts: The plaintiff was the insured under a public…