Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-19
about s., for each hoe which cost $3.50

about s., for each hoe which cost $3.50
TO manufacture.
Without Analysing the testimony
here, il is sufficient 10 say that upoI
a careful examination 90 the whole
case, We are satisfied that the jury err
ed in making so large an allowance for
damages, and that the verdict is mani
festedly too small. Even to say moth
ing about the horse hoes unSold, the
case shows that the defendant has al
ready received for those sold and for
which no claims for damages has been
made upon him. more than the amount
OF the verdict.
These were sold Of course. at a profit,
but even making due allowance for
that. it still remains true that the jury
allowed the plaintiff a sum smaller
than the evidence required. The YER
dict is 50 clearly wrong that We can
not avoid the conclusion that the jury
acted under a mistake. or We're in
tluenced by bias or prejudice. Justice
requires a new trial.
Motion sustained. Verdict set aside
New trial granted.
Cumberland. s..
Rumford Fans Paper Company US. The
Fidelity and Casually company. Re
script Whitehouse. j.
/. By the terms Of this policy Of in
surance against employers liability. it
was the duty of the assured to ''rende>'
all reasonable aid" in "effecting settle
ments." Believing that an acceptance
OF the offer Of settlement for $1,000
would be 10 the advantage OF both the
insurer and insured. the plaintiff was
justified III employing all legitimate
means not prohibited by its policy. to
convince the defendant OF The wisdom
and expediency of the proposed adjust
ment; and it is the opinion of the
court that the evidence fails To estab-
lish the charge of collision between
Sawyer and the plaintiff or to prove
any omission on the part Of the latter
10 perform the obligations imposed up-
On ii by the stipulations in the policy.
2 This policy of Insurance is a con-
tract Of indemnity in which the parties
have legal right to insert any stipu-
lations and conditions which they deem
reasonable and necessary. provided 40
principle of public policy is thereby
contravened.
The function Of the court is to in
terpret it. not To make it.
The first article in the policy meas
ures the amount OF the insurance and
limits the liability of the company 10
$500 in case OF accident and injury 20
one person. 1t was not the intention of
the parties that the assured should be
relieved of all liability for damages.
but the policy was obviously devised
with view 70 an apportionment Of the
responsibility between the insurer ana
the insured 1t requires the company
to defend amy legal proceedings at its
own costs" in the event that Ii elects
not u pay the $500. nor accept any
offer of settlement. But what is Will
cost 10 defend the suit is one thing;
what ii will cost TO settle the Judgment
that may be recovered is another and a
different thing. The company nowhere
agrees to pay the judgment. or TO IN
demnify the assured against any judg-
ment that may be recovered against
il. beyond the limit of $500 and the
costs of defending the suit This is
clearly the contract which the parties
made and the one which they are en-
titled to have enforced according to lis
terms.
The plaintiff is theremore entitled 70
recover the sum Of $500 with interest
thereon from Feb q. 1896. the time
when the verdict was rendered in the
action Sawyer VS.. Rumford Falls Pa
per Co, and the costs recovered in that
action taxed at $62.12 with interest
thereon from July A. 1897. the time
when the execution for the damages
and costs in that action was paid by
the plaintiff company.
Defendant defaulted for $500 with
interest from Feb. 81 1896. and in ad-
dition thereto. defendant defaulted for
So - with interest from July II. 1897.