Maffei v. Incorporated Town of Kemmerer, 2843

Decision Date23 June 1959
Docket NumberNo. 2843,2843
Citation340 P.2d 759,80 Wyo. 33
PartiesLela Irene MAFFEI and Lela Irene Maffei, Guardian ad litem of Charles Albert Maffei, Carol Irene Maffei and John Jay Maffei, Minors, Appellants (Plaintiffs below), v. INCORPORATED TOWN OF KEMMERER, Wyoming, Appellee (Defendant below).
CourtWyoming Supreme Court

Lee S. Nebeker, Green River, Richard L. Bird, Jr., and C. J. Frost, Salt Lake City, Utah, for appellants.

Before BLUME, C. J., and PARKER and HARNSBERGER, JJ.

Mr. Justice HARNSBERGER delivered the opinion of the court.

A petition for rehearing has been filed, explaining that because of the town's contract of insurance the appellants could not have joined the insurance company. This is not a ground for rehearing.

The reargument respecting estoppel, waiver, whether the complaint was limited to recovery against the insurance company, and whether there was a miscarriage of justice because the insurance company sold the town a policy of insurance which did not give the town the purported protection, were all disposed of by the opinion.

Rehearing denied.

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16 cases
  • White v. State
    • United States
    • Wyoming Supreme Court
    • December 19, 1989
    ...of Sheridan County, 521 P.2d 1339 (Wyo.1974); Maffei v. Incorporated Town of Kemmerer, 80 Wyo. 33, 338 P.2d 808, reh'g denied 80 Wyo. 33, 340 P.2d 759 (1959), overruled sub nom. Collins v. Memorial Hospital of Sheridan County, 521 P.2d 1339 (Wyo.1974); Price v. State Highway Commission, 62 ......
  • Jivelekas v. City of Worland
    • United States
    • Wyoming Supreme Court
    • February 2, 1976
    ...506; Wilson v. City of Laramie, 65 Wyo. 234, 199 P.2d 119; Savage v. Town of Lander, 77 Wyo. 157, 309 P.2d 152; Maffei v. Incorporated Town of Kemmerer, 80 Wyo. 33, 338 P.2d 808; Lore v. Town of Douglas, Wyo., 355 P.2d 367; Chavez v. City of Laramie, Wyo., 389 P.2d 23; Town of Douglas v. Yo......
  • Holytz v. City of Milwaukee
    • United States
    • Wisconsin Supreme Court
    • June 5, 1962
    ...should suffer an inconvenience.' 100 Eng.Rep., p. 362. In Maffei v. Incorporated Town of Kemmerer (1959), 80 Wyo. 33, 338 P.2d 808, 810, 340 P.2d 759, the argument was advanced that the Men of Devon case in turn relied upon an earlier authority from Brookes Abridgement. However, most histor......
  • Williams v. City of Detroit
    • United States
    • Michigan Supreme Court
    • September 22, 1961
    ...Rep.R. 359. However, as pointed out by the Supreme Court of Wyoming in Maffei v. Incorporated Town of Kemmerer, 80 Wyo. 33, 338 P.2d 808, 340 P.2d 759, the decision in Russel v. Men of Devon, supra, was supported by prior authority in England. In any event, the doctrine of immunity as appli......
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