Coderre v. Travelers' Ins. Co.

• Decision Date: 25 February 1927
• Docket Number: Nos. 6245-6247.,s. 6245-6247.
• Citation: 136 A. 305
• Parties: CODERRE v. TRAVELERS' INS. CO. (two cases). GARSEAU v. TRAVELERS' INS. CO.
• Court: Rhode Island Supreme Court

136 A. 305

CODERRE

v. TRAVELERS' INS. CO. (two cases).

GARSEAU

v. TRAVELERS' INS. CO.

Nos. 6245-6247.

Supreme Court of Rhode Island.

Feb. 25, 1927.

Exceptions from Superior Court, Providence and Bristol Counties; Willard B. Tanner, Presiding Justice.

Actions by Marie Louise Coderre, by Nelson Coderre, and by Marie Garseau, all against the Travelers' Insurance Company. Decision in each case for defendant, on plaintiffs' demurrers to special pleas interposed and each plaintiff brings exceptions. Exception of plaintiff in each case overruled, and each case remitted, with direction to enter judgment.

John B. Lawlor, Lawlor & Ruch, Edward F. McElroy, and McEIroy & Fallon, all of Providence, for plaintiffs.

Ralph T. Barnefleld, of Providence, for defendant.

SWEETLAND, C. J. Each of the above-entitled cases is an action on the case for negligence, brought against the defendant, a foreign insurance company doing business in this state. In each case the declaration in substance alleges that, while the plaintiff was riding in an automobile in the city of Haverhill, in the commonwealth of Massachusetts, which automobile was being operated with due care, another automobile belonging to one Joseph F. Allen was, through the negligence of said Allen and his servant, driven against the automobile in which the plaintiff was riding; that as a result of that collision the plaintiff suffered severe personal injury.

The declaration further alleges that the plaintiff has endeavored to commence an action in this state against said Allen, based on the negligence aforesaid; but, said Allen being without this state, no service of the writ could be made upon him, and the writ issued out of the superior court was returned by the sheriff "Non est inventus." The declaration further alleges that on the date of said collision there was in force a policy of automobile liability insurance issued by the defendant insurance company to said Allen, by the terms of which said Allen was insured against loss from liability for damages arising from injury to persons or property suffered by any person through the act of said Allen or his servant while operating said automobile, and that said policy of insurance is subject to the provisions of chapter 258, § 7, Gen. Laws of Rhode Island of 1923. Wherefore the plaintiff has brought his suit against the defendant insurance company by virtue of said statute of this state.

To the declaration in each case the defendant has filed a special plea, in which it avers in substance that the accident alleged in the declaration occurred in the commonwealth of Massachusetts; that said Allen is a citizen of Massachusetts; that the only insurance against loss from liability through the operation of said automobile, issued by the defendant to said Allen, was written and issued in Massachusetts, and was not written or issued subject to the provision of any statute of Rhode Island. To this special plea in each case the...