Young v. New Jersey Ins Co.

Citation284 F. 492
Decision Date11 November 1922
Docket Number1053.
PartiesYOUNG v. NEW JERSEY INS. CO.
CourtUnited States District Courts. 9th Circuit. United States District Court (Montana)

At law. Action by C. W. Young against the New Jersey Insurance Company. Trial to court, and judgment for plaintiff.

Joseph P. Donnelly, of Havre, Mont., and Nolan & Donovan, of Butte Mont., for plaintiff.

Earl N Genzberger and Geo. F. Shelton, both of Butte, Mont., and J W. Freeman, of Great Falls, Mont., for defendant.

BOURQUIN District Judge.

This action for damages to plaintiff's auto, insured by defendant, a New Jersey corporation, after issue joined and jury waived, is tried to the court on the following 'agreed f statement of facts':

'It is hereby agreed by and between the parties to the above-entitled action that the accident occurred in the following manner, to wit: That while plaintiff was driving the said automobile upon the public highway at the rate of approximately 30 miles per hour, and was crossing a coulee, the front axle of the car broke, and thereupon the broken axle and frame of the car was let down to the earth, and plowed into the earth with great force and violence; that the force and resistance with which the automobile thus met was sufficient to cause the same to pivot and overturn, and that the damage resulted therefrom; that the said damage was caused by the resistance and impact with which the end of the broken axle and the front end of the car met when it thus came in contact with the earth after the breaking of the axle, and that it would not have thus come in contact with the earth if the axle had not broken. It is further agreed between the parties that immediately and for some time preceding the breaking of the axle the same was defective, and was cracked so as to substantially weaken the same; that this defect was unknown to the plaintiff and could not be detected by ordinary, careful observation. It is further agreed that, if the damage caused as specified above is within the risks covered by the policy, the plaintiff shall have and recover the sum of $3,900, with interest thereon from the 19th day of March, 1922, at the rate of 8 per cent. per annum. All other defenses on the part of the defendant are abandoned.'

The policy, issued in Montana and dated July 3, 1921, insures 'against direct loss or damage caused * * * by the perils specifically insured against. ' These perils are fire, lightning, theft, robbery, pilfering, those 'while being transported in any conveyance by land or water, stranding, sinking, collision, burning, or derailment,' and those within the following 'collision clause':

'(Covering damage sustained in excess of $100, deductible.) In consideration of an additional premium of $50.00 this policy also covers, subject to its other conditions, damage to the automobile or equipment herein described in excess of $100.00 (each accident being deemed a separate claim and said sum to be deducted from the amount of each claim when determined) by being in accidental collision during the period insured with any other automobile, vehicle or object, excluding (1) loss or damage to any tire due to puncture, cut, gash, blowout, or other ordinary tire trouble; and excluding in any event loss or damage to any tire, unless caused in an accidental collision, which also causes other loss or damage to the insured automobile.'

From the 'agreed statement' it appears that, the auto moving rapidly over the road, the front axle broke, it and the frame dropped to the road, and the energy of forward motion, resisted, caused the axle and frame to penetrate the road surface, and the auto to pivot and overturn, coming into violent contact with the earth, resulting in...

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7 cases
  • Brown v. Union Indemnity Co.
    • United States
    • Louisiana Supreme Court
    • October 6, 1925
    ...weight was given to the case of Young v. New Jersey Ins. Co., decided by the United States District Court for the District of Montana, 284 F. 492, and that said case was the authority upon the court reached its final conclusion. In the Young Case an automobile while being driven on the high......
  • Brown v. Union Indemnity Co.
    • United States
    • Court of Appeal of Louisiana — District of US
    • April 11, 1925
    ...impediment consequent on the condition thereof." We have not read Southern Casualty Co. vs. Johnson, but the Circuit Court of Appeals in the Young case says it holds that the driver in order to avoid a collision with an automobile coming from behind swerved and ran into an embankment alongs......
  • Albritton v. Fireman's Fund Ins. Co.
    • United States
    • Court of Appeal of Louisiana — District of US
    • November 14, 1952
    ... ... One of the cases influencing that decision was Young v. New Jersey Insurance Co., decided in favor of plaintiff by the U. S. District Court in Montana, 284 F. 492, and then reversed by the Ninth Circuit ... ...
  • St. Paul Fire & Marine Ins. Co. v. American Compounding Co.
    • United States
    • Alabama Supreme Court
    • January 31, 1924
    ...290 F. 155, the United States Circuit Court of Appeals (9th Circuit) reviewed the decision in the same cause by District Court of Montana, 284 F. 492. The car was being driven at about miles per hour on the road, when an axle broke. The broken axle and frame of the car dropped to the ground......
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