Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1897-05-07
The Wild River Lumber Company
Wins its Case.

The Wild River Lumber Company
Wins Its Case.
1t will he recalled that several months
since there was an accident on the rail-
road of the Wild River Lumber Company
in which two men. Mcdonald and Fair
brother, were seriously injured. They
made claim for damages, and the mat
ter was referred. The referee before
whom the case was heard awarded both
men substantial sums, which the Wild
River Lumber Company paid. The latter
company had insured with the Travel
ers Company. and brought suit for the
amount so paid, claiming that the insur-
ance covered liability for such accidents.
The insurance company defended on the
ground that they were not liable under
the terms of the policy. The case was
heard at Portland. Me-. before Judge
Webb, some few days ago, and last Fri
dav morning the Judge rendered his de-
cision, and it being a very important
case. and of local interest, we give the
full text of Judge Webb's decision as
follows:
Wild River Lumber Company VS.. TRAY
elers Insurance Company.
This case was removed to this court
from the Supreme Judicial Court OF
Maine, by proceeding regular upon the
record, and to which objection is made.
Bv written stipulation of the parties,
trial by jury has been waived and the
cause submitted to the court, all right OF
exceptions in matters of law being re-
served to the parties. Plea The general
issue.
The court rehearses the facts as shown,
and the contentious Of the parties in liti-
CATION and the decision is as follows:
CONCLUSIONS OF LAW.
/. The Wild River Company was not
a railroad company; it was under no
obligation as a common carrier to trans
port everybody who applied for and
offered pay for passage and its duties,
liabilities and powers were not those ola
railroad company.
2. The whole contract OF insurance
was contained in the face of the policy
the application either as forwarded to
the insurance company, or as copied on
the back of the policy, formed no part Of
the contract, and in no way modified it.
3. The application having been filled
out by the agent Of the insurance COM
pany who had full understanding of the
risks the Lumber Company wished to
insure against. and he having declared
to the assured that its terms were proper
and adequate to include and cover those
risks, the Travellers Insurance Company
is bound by that action of its agent
such action did not assume "to waive or
alter anything in the policy to do
which he was by the terms of the policy
expressly forbidden.
4. The accidents and injuries to Nc
Donald and Fairbrother did impose on
the Wild River Lumber Co., a common
law or statutory liability therefor.
5. The accidents and injuries to Nc.
Donald and Fairbrother so imposing liza.
bility on the Wild River Lumber Com
pany were within the risks insured
against by the policy of the defendant.
6. The Travellers Insurance c ompany
did not by the collection of the additional
premium of 500 based on the excess OF
the pay roll of the plaintiff company
over $39, 900, waive any right to deny
its liability on the ground that they did
not insure against accidents to persons
carried over the plaintiffs railroad for
hire.
7. The plaintiff was not required to
notify the defendant of the references OF
to call upon it to defend the claims, af
ter the defendant had explicitly repudi
ated all liability and given notice that ii
would not undertake the settlement OF
defence of the claims, nor be bound b,
anything you 1.-THE Wild River Lumber
Company may do in relation thereto.
8. The plaintiff is entitled to recover
of the defendant under the policy, for it:
liability and payment to Mcdonald the
sum of twenty-three hundred dollars
and for its liability and payment tc
Farbrother the sum of FIVE thousand
dollars and costs of references, two hun
dred and fifty dollars and ffty-one cents
making together seventy-fve hundred
and fifty dollars and tifty-one cents
with interest on that amount from Marcl
20, 1895, the date of plaintiffs writ, be
ing interest in the sum of nine hundred
and titty-three dollars and eighty-on,
cents-total amount for which the plain
tiff should have judgment for damage
eight thousand five hundred and fou
dollars and thirty-two cents.
East Charleston.