The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-05-01
IMPORTANT LAW DECISION.
In the Case of Wild River Lumber &c
VS.. the Travellers Insurance Co.

In the United States Circuit yesterday
morning Judge Webb announced his de-
cision In the Important case af the Wild
River Lumber Company vs.. the Travellers
Insurance Company. He finds for the
plaintiff and the total amount of judg-
ment is IS, 504.S2.
The case has been reported at length
in the PRESS. These are the conclusions
Of law:
1.-The Wild River company was not
railroad company it was under no
obligation as common carrier to trans
port every body who applied. for ard
offered pay for passage, and Its duties,
liabilities and powers were not thosa of q
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.
4 8. The application having been filed
out by the agent of the insurance COM
pany who had full understanding of the
risks the lumber company wished to in
sure 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 s'tO waive or alter
anything in the policy" to do which he
was by the terms OF the policy expressly
forbidden.
4. The accident and injuries to Mo.
Donald and Eairbrother did impose on
the Wild River Lumber company, COM
mon law or statutory liability therefor.
5. The accidents and injuries to Nc
Donald and Fairbrother SO imposing
liability on tie Wild River Lumber CON-
pany, were within the risks insured
against by the policy Of the defendant.
g. The Travellers Insurance company
did not by the collection OF the additional
premium of 1896 based on the excess of
the pay roll of the plaintiff company over
s39, Coo, waive any right to deny it's
liability on the ground that they did not
insure against accidents to persons
carried over the plaintiffs railroad for
hire.
Z. The plaintiff was not required to
notify the defendant Of the references or
to call upon it to defend the claims, after
the defendant had explicitly reput'iated
all liability and given notice that it
would not undertake the settlement or
defence of the claims, nor be bound by
anything you" 1.-THE Wild River Lumber
company "may do in relation thereto. -
g.. The plaintiff is entitled to recover
of the defendant under the policy, for its
liability and payment to Mcdonald the
sum of twenty-threu hundred dollars, and
for its liability and pay ment to Fair
brother the sum of fEe Thousand dollars
and costs Of references, two hundred and
fifty dollars and fifty one cents making
together seventy five hundred and fifsy
doilnrs and fifty-one cents, with interest
on that amount from March 20, 1895, the
date of plaintiffs writ, being interest in
the sum of nine hundred and fifty three
dollars and eighty -one cents-total
amount for which the plaintiff should
have Judgment for damages either
Thousand five hundred and four dollars
and thirty two cents.
A. e. Herrick of Bethel, and Symonds,
Snow and Cook were counsel for plain
tiffs and Drummond & Drummond for
defendants.