Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → alr-2d → Volume 68

Opinions in alr-2d Volume 68

On 8 March 1953 Security Life & Trust Company issued to Pilot Freight Carriers, Inc., a motor vehicle public carrier, its Group Policy No. G-198, which was a Non-Contributory Policy with all premiums thereon paid monthly by Pilot Freight Carriers, Inc., and no part thereof paid by any of its employees covered by said policy. Under the arrangement between them the Pilot Freight Carriers, Inc. wa...
Views: 10
The plaintiff was an employee of R. J. Reynolds Tobacco Company and was insured under a group insurance policy issued by the defendant Assurance Society. Incorporated in the insurance policy and in the plaintiff’s individual certificate thereunder disability benefits were *297provided as follows: “In tbe event that any Employee while insured under the aforesaid policy and before attaining age 60 b...
Views: 2
Plaintiff’s evidence tended to show the following facts: The defendant State Capital Life Insurance Company issued to Linn Mills Company for the benefit of its employees a group insurance policy No. 1300, and this policy, known as the master policy, was in full .force and effect during the time alleged in plaintiff’s complaint. When this group insurance policy was issued to Linn Mills Company, ...
Views: 9
This is an appeal by the Republic Steel Corporation, employer, and the Metropolitan Life Insurance Company, insurer. The basis for the suit is the claim by the appellee, insured, that the appellants wrongfully eliminated the former from coverage and benefits under a group policy of insurance. In the court below the presiding judge, without the aid of a jury, rendered judgment in favor...
Views: 7
This is a civil action brought by the plaintiff to recover damages for personal injuries sustained when a passenger car in which she was sitting was hit by the defendant’s tractor-trailer. At the close of the plaintiff’s evidence the trial judge allowed the defendant’s motion for judgment as of nonsuit. The single question presented by the appeal is whether this ruling was correct. Early on t...
Views: 1
delivered the opinion of the court: Appellants, who are the city of Mt. Vernon and certain of its officers, here appeal from a decree of the circuit court of Jefferson County granting injunctive relief to appellee, Illinois Cities Water Company, an Illinois corporation, which owns the waterworks system serving the city. On August 1, 1955, while the parties were involved in litigation ...
Views: 1
Plaintiff Rosemary Scarano, through her guardian ad litem, appeals from a judgment for defendant Dr. Thomas Schnoor. In September 1950 appellant was having visual difficulties and was referred to defendant by Dr. Peters, an optometrist. Defendant, an opthalmologist, diagnosed the difficulty as “a questionably displaced lens with nasal pigments” (lens improperly centered behind the pupil with pi...
Views: 2
delivered the opinion of the court: Appellants, hereinafter referred to as plaintiffs, brought an action in the superior court of Cook County to have a certain deed declared a forgery and removed as a cloud upon the title to certain real estate. The original plaintiff died during the pendency of the lower court proceedings and his heirs, as well as the administrator of his estate, were substitu...
Views: 0
— This is an appeal by defendant wife from a decree of divorce awarded plaintiff husband after defendant’s application for a thirty-day continuance of the trial was denied. The parties were married in May, 1917, and lived at Park Ridge, Illinois, for more than twenty years prior to January 30, 1949, when plaintiff left the marital abode. He has not since returned there. In July, 1951,...
Views: 1
delivered the opinion of the court: Petitioner brought suit in the superior court of Cook County to condemn 23 parcels of land for slum clearance. A jury fixed the sum of $65,000 as compensation for the taking of the property described as parcel 9-14, upon which verdict the court entered judgment from which this appeal is prosecuted. The appeal is properly directed to this court under the ...
Views: 8
This is an action for goods sold and delivered, in which there was jury verdict and judgment for plaintiff for $991-.50. Ready-mixed concrete constituted the “goods” and was *418 manufactured at plaintiff’s plant in Rockingham, North Carolina, and delivered to a construction project of the defendants at Cheraw, South Carolina. It was alleged in the complaint that the defendant Jame...
Views: 4
This is an appeal from a denial- of a decree for specific performance of a land contract. Defendant also appeals for failure of the trial court to grant him relief under his cross bill. The essential facts are not in dispute and are as follows. Prior to 1938 the 180-acre farm in question was owned by Philander Collins. In 1938 he deeded a 1/2 interest in the farm to each of his 2 sons, Pra...
Views: 6
150 Cal. App. 2d 561 (1957) In re HILBERT E. BAIRD, JR., on Habeas Corpus. Crim. No. 3340. California Court of Appeals. First Dist., Div. One. Apr. 30, 1957. Lawrence Speiser and Dennis L. Woodman for Petitioner. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Victor Griffith, Deputy Attorney General, Keith Sorenson, District Attorney (San Mateo), and Robert ...
Views: 6
This was an action brought by appellant as plaintiff to recover damages for personal injuries sustained by her alleged to have been caused by the negligence of appellee while she was a passenger on appellee’s train. The parties will be referred to as they were designated in the trial court. In her complaint she alleged that while she was being transported for hire by the defendant, a commo...
Views: 0
By this bill for declaratory relief the plaintiff seeks a determination of the starting date of five concurrent sentences which he is now serving in the State *719 prison. The case was submitted on a statement of agreed facts. On May 13, 1952, the plaintiff was convicted in Middle-sex County on three indictments and was sentenced on each to from five to seven years in the State prison, the se...
Views: 7
The primary question in this case is whether royalties for the mining of coal, accruing after the death of .the lessor, pass as realty to the heirs at law of the lessor or as personalty to the surviving husband. The Chancellor determined the question in favor of the heirs at law and the husband, J. J. Evans, having died and the cause properly revived, his executors appeal. The administrator, C....
Views: 0
Opinion by On July 23, 1953 a tragic and unfortunate event occurred which has resulted in this litigation. Albert G. Kuhns, 12 years old, was wounded by a bullet from a pistol discharged by his cousin, George A. Brugger, also 12 years old, while in the cottage of their common grandfather, George W. Bach, located at Manchester Beach, Erie County, and, as a result thereof, Kuhns sustained serious p...
Views: 0
delivered the opinion of the Court. This suit was filed in a Federal District Court in California by reason of diversity of citizenship. It is a stockholder’s derivative suit. The first cause of action, the only one involved here, is based on alleged fraudulent wastage of assets of Warner Bros. Pictures, Inc. (which we will call Warner Bros.) for the benefit of one Sperling, a son-in-law of a dire...
Views: 0
delivered the opinion of the Court. This case, a companion case to No. 316, Smith v. Sperling, ante, p. 91, presents another aspect of the problem of realignment of parties in a stockholders’ derivative suit that is brought in a Federal District Court on the basis of diversity of citizenship. Plaintiff-stockholders are citizens of Nevada and stockholders in the Chicag...
Views: 8
87 N.W.2d 731 (1958) MOTION PICTURES FOR TELEVISION, Inc., a foreign corporation, Plaintiff and Respondent, v. NORTH DAKOTA BROADCASTING COMPANY, Inc., a North Dakota corporation, Defendant and Appellant. No. 7674. Supreme Court of North Dakota. February 3, 1958. *733 Joseph J. Funke, Minot, for appellant. Waldron & Kenner, Minot, for respondent. BURKE, Judge. This is a suit to recover upon a...
Views: 0
This is an appeal from a judgment entered in the United States District Court for the Eastern District of Virginia, Norfolk Division, on a jury verdict against the defendant, Richard Rayfield, for personal injuries growing out of a collision between an automobile being operated by the defendant and an automobile being operated by one Thomas J. Briody, Jr., in which the plaintiff, Forrest Lawren...
Views: 3
Mr. and Mrs. Comunale were struck in a marked pedestrian crosswalk by a truck driven by Percy Sloan. Mr. Comunale was seriously injured, and his wife suffered minor injuries. Sloan was insured by defendant Traders and General Insurance Company under a policy that contained limits of liability in the sum of $10,000 for each person injured and $20,000 for each accident. He notified Traders of the...
Views: 28
181 Kan. 193 (1957) 310 P.2d 1063 STATE OF KANSAS, Appellee, v. WESLEY MITCHELL, Appellant. No. 40,357 Supreme Court of Kansas. Opinion filed May 11, 1957. Wm. E. Ward, of Wichita, argued the cause and Fred C. Helm, of Wichita, was with him on the briefs for the appellant. Keith Sanborn, Deputy County Attorney, of Wichita, argued the cause and John Anderson, Jr., Attorney General; Paul E. Wilson,...
Views: 8
This is an appeal from three orders; one vacating and setting aside an execution issued pursuant to section 512 of the Civil Practice Act, the remaining orders, respectively, vacating an order to examine the judgment debtor and denying a motion by the judgment creditors to direct a third party to turn over assets of the judgment debtor. The underlying judgment was recovered on or about September 3...
Views: 0
The sole question for determination in this case is whether the Court of Appeals, in its review of the case, erred in reversing the judgment of the trial court overruling the 4th ground of the amended motion for a new trial, which ground alleged that the trial judge erred in not giving to the jury instructions requested by counsel for the plaintiff, concerning certain statements made by counsel...
Views: 1
This case involves an affirmative covenant running with the land, to pay the cost of paving an adjacent street in a subdivision, and questions concerning the extent of that covenant, the existence of a lien upon the property conveyed, and its effect upon a subsequent mortgagee with constructive notice. *683 I. Appellants, Mr. and Mrs. Robert E. Mendrop and Mr. and Mrs. Wallac...
Views: 5
Appeal from an order refusing to dissolve an injunction. Election. On April 4, 1953, an election was held in public school district No. 24 in Yellowstone County, at which was submitted to the electors of the district the question of issuing bonds in the sum of $365,000 for the purpose of providing funds for the erection of one central elementary school building in such district. ...
Views: 1
Plaintiff Opal Fields and her minor daughters, Brenda and Karen, through James Fields, their guardian ad litem, sought damages for personal injuries arising from a collision involving a truck owned by defendant Napa Milling Company and driven by its employee, defendant August Rossi. James Fields, in his individual capacity as husband and father, sought to recover medical expenses inc...
Views: 6
delivered the opinion of the Court. This is a suit for damages instituted by Ernestine Beck, minor, by next friend, Abraham Jones, for the death of her mother, Christine Beck, and by Paul M. Branch, Temporary Administrator of the Estates of Christine Beck, deceased, Lorenzo Beck, deceased, and Elizabeth Beck, deceased, for their conscious pain and suffering. Lorenzo Beck and Elizabeth Beck...
Views: 11
J. C. Darden and Annie Ruby Darden were husband and wife. No child was born of their marriage. J. C. Darden died on 3 January 1953. After his death his will was duly probated, and is of record in Will Book 11, p. 503 et seq., in the *28 Office of the Clerk of the Superior Coúrt of Sampson County. He appointed his wife as sole executrix of his will. The relevant item...
Views: 0
delivered the opinion of the court: Walter Cox, to whom we shall refer as defendant, was found guilty of murder after a trial by jury in the criminal court of Cook County and was sentenced to serve 14 years in the Illinois State Reformatory. Five years later, in 1955, his petition seeking relief under the Post-Conviction Hearing Act was dismissed after a hearing on the merits. To review th...
Views: 8
100 So.2d 375 (1958) Al GALLUCCI, Appellant, v. Jacob MILAVIC, Appellee. Supreme Court of Florida. February 12, 1958. *376 Von Arx, Von Arx & Hope, Miami, for appellant. Charles F. Zokvic, Miami, for appellee. THOMAS, Justice. At the close of the appellant's testimony, in the trial of his action to recover from the appellee damages for malicious prosecution, the judge directed the jury to ret...
Views: 6
110 So.2d 718 (1959) Deryk McCAIN, a minor, by his father and next friend, David P. McCain and David P. McCain, individually, Appellants, v. BANKERS LIFE AND CASUALTY CO., an Illinois Corporation, Appellee. No. 58-207. District Court of Appeal of Florida. Third District. April 7, 1959. Rehearing Denied April 29, 1959. Sams, Anderson, Eaton & Alper and Phillip Goldman, Miami, for appellants. W...
Views: 3
*163 OPINION delivered the opinion of the court. Plaintiffs, Lyle W. and Elizabeth M. Bentzen, brought an action against H. N. Ranch, Inc., and Edward E. Birchby for a declaratory judgment asking for a determination of the rights and liabilities under an “Agreement for Warranty Deed” 1 signed by them and by Birchby as president of the ranch. Plaintiffs asked that ...
Views: 4
The plaintiff, State of West Virginia, instituted this suit against the defendant, Memorial Gardens Develop*183ment Corporation, a West Virginia corporation, in the Circuit Court of Monongalia County, seeking to enjoin the defendant from violating the provisions of Chapter 153 of the Acts of the Legislature of West Virginia, Regular Session, 1955 (Michie’s Code 47-14). Defendant filed its answer a...
Views: 7
214 Or. 363 (1958) 329 P.2d 1116 ADYE v. GROSSMAN, DBA LUCKY LOAN & DIAMOND BROKERS Supreme Court of Oregon. Argued September 11, 1958. Affirmed September 24, 1958. Edward L. Fitzgibbon, Portland, argued the cause for appellant. On the briefs were Black, Kendall & Fain, John J. Higgins, and William F. Thomas, Portland. *364 Bernard B. Kliks and Bartlett F. Cole, Portland, argued the cause and fil...
Views: 1
Appellant Clifton, defendant below, was indicted in 1956 on six charges of violating the statute relating to the making and uttering of worthless checks. Each of the checks was a check of “Clifton Motor Co., Inc.”, a corporation, and was signed “John E. Clifton, Pres.”. He moved to dismiss the indictments. The motion was denied in an opinion filed in January, 1958. The cases were consolidated for...
Views: 4
28 N.J. 316 (1958) 146 A.2d 458 THE CREWE CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. F. CHARLES FEILER, DEFENDANT-RESPONDENT, AND MORRIS WEST, DEFENDANT. The Supreme Court of New Jersey. Argued September 23, 1958. Reargued November 17, 1958. Decided December 1, 1958. *318 Mr. Justin W. Seymour argued the cause for appellant (Messrs. Seymour & Seymour, attor...
Views: 3
Defendant, Louis Roda, obtained a writ of error and supersedeas from this Court to a judgment of the Circuit Court of Harrison County refusing has petition for a writ of error and supersedeas to a judgment of the Criminal Court of Harrison County, of April 14, 1956, sentencing defendant to six months in jail and imposing a fine of $500.00 for the offense of unlawfully maintaining a common nuisance...
Views: 0
(specially concurring). I concur in the result declared by the majority but prefer to briefly set forth my reasons for such result. I agree with the, majority that the legality of primary elec-., tions for Congress is a matter of state and not Federal concern. Newberry v. United *103States, 256 U.S. 232 41 S.Ct. 469, 65 L.Ed. 913. The problem for solution is whether the legislature has made provis...
Views: 0
The opinion of the court was delivered by An injunction was issued by the Chancery Division of the Superior Court against defendant Ramsey Golf and Country Club, Inc., barring the further use of the men’s and women’s third tees of its golf course. The Appellate Division affirmed, 50 N. J. Super. 127 (1958), and this Court granted certification. The issue presented is a nov...
Views: 5
254 F.2d 132 Dorothy FRASIER, as Administratrix de bonis non of the Goods, Chattels and Credits which were of Leroy Walthour, deceased, Plaintiff-Appellee,v.PUBLIC SERVICE INTERSTATE TRANSPORTATION COMPANY, Defendant-Appellant, andMichael W. Isel, Defendant. No. 157. Docket 24851. United States Court of Appeals Second Circuit. Argued January 17, 1958. Decided April 16, 1958...
Views: 3
The loss which plaintiff sustained results from a movement of goods in interstate commerce; hence, the rights of the parties must be determined by the application of appropriate Federal statutes. St. Sing v. Express Co., 183 N.C. 405, 111 S.E. 710; Scott v. Express Co., 189 N.C. 377, 127 S.E. 252; Crompton v. Baker, 220 N.C. 52, 16 S.E. 2d 471. Congress, by...
Views: 3
The appellant does not deny the existence of a windstorm but does question the cause of the damage to the tractor-trailer. There are two basic questions involved : (1) The interpretation of the insuring clauses of the policy, and (2) whether there is any credible evidence to support the jury’s finding that the damage to the tractor arid trailer was caused by the windstorm. The insuring clauses ...
Views: 2
This ease comes to us upon an appeal from an order before final judgment, leave to appeal having beeu granted. It concerns rulings of the trial court which struck from defendant’s answer three affirmative defenses, and so we have before ns only the pleadings of the respective parties, with the court’s orders upon the plaintiff’s motions to strike. The case as made by plaintiff’s petition i...
Views: 7

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up