Brotherhood Acc. Co. v. Jennings

• Decision Date: 06 July 1908
• Parties: BROTHERHOOD ACCIDENT CO. v. JENNINGS.
• Court: Colorado Supreme Court

96 P. 985

44 Colo. 144

BROTHERHOOD ACCIDENT CO. v. JENNINGS.

Supreme Court of Colorado

July 6, 1908

Appeal from District Court, Boulder County; Christian A. Bennett, Judge.

Action by John Jennings against the Brotherhood Accident Company. From a judgment for plaintiff, defendant appeals. Modified and affirmed.

Oscar A. Johnson (M. B. Carpenter, of counsel), for appellant.

Miller & Barnd (Ernest L. Williams, of counsel), for appellee.

GABBERT, J.

Subsequent to the disposition of the preceding case--Jennings v. The Brotherhood Accident Co., 96 P. 982--appellee brought another action against the company to recover for sick benefits accruing subsequent to the period covered by that action. A trial of this action resulted in a verdict and judgment for plaintiff, from which the defendant appeals. The questions presented by its counsel, with one exception, are the same as those determined in Jennings v. Brotherhood Accident Co., and the facts are such that it is not necessary to enter upon a rediscussion of these questions, for the reason that they have all been decided adversely to the appellant in the preceding case. The trial court allowed plaintiff the sum of $50 for attorney's fees, and rendered judgment accordingly. This was error. The allowance of attorney's fees must, therefore, be set aside, and it is so ordered.

The cause is remanded to the district court, with directions to strike from the judgment the allowance of attorney's fees, and, as thus modified, it will stand affirmed. The costs in this court will be equally divided between the parties.

Modified and affirmed.

STEELE, C.J., and CAMPBELL, J., concur.