Young v. New Jersey Ins Co.
Citation | 284 F. 492 |
Decision Date | 11 November 1922 |
Docket Number | 1053. |
Parties | YOUNG v. NEW JERSEY INS. CO. |
Court | United 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.
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':
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':
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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Brown v. Union Indemnity Co.
...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......
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Brown v. Union Indemnity Co.
...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......
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Albritton v. Fireman's Fund Ins. Co.
... ... 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 ... ...
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St. Paul Fire & Marine Ins. Co. v. American Compounding Co.
...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......