Fuller Bros. Toll Lumber & Box Co. v. Fidelity & Casualty Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Oates, Judge. The judgment should have been for the defendant and the court erred in giving a peremptory instruction to find for the plaintiff, for the reason that under the policy contract and the undisputed evidence, there was no liability on the part of the defendant in that the policy of indemnity did mot cover accidents or injuries happening while riding on an elevator. Prendergast v. Ins. Co., 67 Mo.
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Appeal from Jackson Circuit Court. — Hon. E. P. Oates, Judge. The judgment should have been for the defendant and the court erred in giving a peremptory instruction to find for the plaintiff, for the reason that under the policy contract and the undisputed evidence, there was no liability on the part of the defendant in that the policy of indemnity did mot cover accidents or injuries happening while riding on an elevator. Prendergast v. Ins. Co., 67 Mo. App. 429; Miss. v. Wheelihan, 68 N. W. 878; Piano Co. v. Wallace, 84 Mo. App. 378; Class v. Fraternal Ass’n, 112 Fed. 495; Atkins v. Yan…
1Opinion of the CourtSmith, P. J.
This is an action which was based on an employee’s liability policy issued by defendant, an incorporated insurance company, to the plaintiff, also a business corporation. The provisions of the policy with which we have to *492do in reviewing the case now before ns are to the effect that the defendant agreed to indemnify the plaintiff “against . . . liability for damages on account of bodily injuries . . . suffered by any employee or employees of the assured while on duty within the factory . . . mentioned in the schedule hereinafter given . . . resulting from the operation of the trade or…
2Cases cited7 opinions
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- Thomas v. Hartford Fire InsuranceMissouri Court of Appeals · 1886
- St. Joseph Union Depot Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1895
- Scott v. ScottSupreme Court of Missouri · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Aetna Casualty & Surety Company v. HaasSupreme Court of Missouri · 1968
- Fullerton v. United States Casualty Co.Supreme Court of Iowa · 1918
- Rieger v. London Guarantee & Accident Co.Missouri Court of Appeals · 1919
- Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926
- Universal Towing Company v. Hartford Fire Insurance CompanyCourt of Appeals for the Eighth Circuit · 1970
5 more not listed; retrieve them via the Exa API.