The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-07-26
BEFORE THE JUDGES.
A New law Point Raised in an In
surance Case

Can Casualty Company BE Liable for au
Amount Exceeding the Face of Its
Policy? Cape Elizabeth and South
Portland Finances Under Discussion,
a new point of law. and one OF special
interest TO insurance men, was raised in
the argument of case in the Law court,
yesterday. The point involves the ques-
tion of whether it is possible for an insur-
ance company to be held liable for a sum
exceeding the face of it's policy.
The action came about in this way:
The Rumford Falls Paper company some
time ago took out an indemnity policy in
the Fidelity and Casualty company of
New York, under the conditions of which
the latter company agreed to pay, to the
limit of $500. any claim against the
Rumford Falls Paper company brought
by reason of an accident to an enploye.
The insurance company also agreed, in its
policy, to defend its client in any action
resulting from an injury to an employe.
An employe named Sawyer was injured
in the paper mill and brought action
against his employers. The suit was de-
fendsd by the Fidelity and Casualty COM
papy. Sawyer won verdict of $500 and
| interest. The insurance company paid to.
ward the verdict $500, the face of the
policy. The Rumford Falls Paper com.
pany now sues to compel the insurance
company to pay the full amount of the
| verdict.
The attorneys in the case are Clifford,
Verrill and Clifford fer the PLAINTIFF; II.
B. Cleaves and Stephen G. Perry for the
defendant.
In his argument for the plaintiff Mr..
| Clifford said, in substance, that If after
the accident the insurance company had
paid over the amount OF It's policy II
would have been released from further
connection with the case, but having
elected to contest the suit OF the injured
employee, it was bound to stand or fall
upon the finding of the jury. and was
liable for the full amount of the verdict.
| SOUTH PORTLAND VS.. CAPE
ELIZABETH.
The action of the town of South Port
land against the town OF Cape Elizabeth
was argued orally. The attorneys con-
neoted with it are II. B. Cleaves, Stephen
G. Perry and E. G. Reynolds for the
plaintiff; Symonds, Snow and Cook and
Elgin G. Verrill for the defendant. Mr..
Perry and MIR. Verrill argued.
| ~ oh, hos ID nf ad iii Of
ment of finances Of the two towns, which
were divided three years ago. The joint
committee reported that Cape Elizabeth
should reimburse South Portland in the
sum of about $500. The town of Cape
Elizabeth admitted the claim, but de
manded that an Offset exceeding thai
amount should be paid to the new town
because the town house, school house,
ferry slip and other public property ar
located in South Portland.
The argument of the attorney for thu
plaintiff, on that point, was that thu
legislature had made the division of th
two towns, and had seen fit to includ.
within the South Portland limits tn
public property in question; and that it
action was final and leaves no room TO-
redress.
The action of the Maine Shore Lin;
railroad against the Maine Central wa
argued orally. The attorneys in the cas-
are Clarence Hale, c. A. Hight and A
E. Belcher for the plaintiff; Symonds
Snow and Cook and Drummond and
Drummond for the defendant.