50 N.Y.S. 729 | N.Y. App. Div. | 1898
Charles O. Brown, the plaintiff, brought this action to recover-the sum of $750 for services alleged to have been rendered the, defendant at the request of its attorney, Frank V. Johnson, in. investigating the causes which led to the collapse of the Ireland building, and in attendance and giving expert testimony at the, coroner’s investigation of the accident. The Travelers’ Life and Accident Insurance Company, the defendant, issued its policy of' .insurance, undertaking to protect the firm of J. B. & J. M. Cornell,, which furnished the structural iron for the Ireland building, against • liability for accidents growing out of the neglect of the firm, either ■ to employees or persons not connected with the work, reserving the-right to appear and defend in any actions arising under the policy.. On the occasion of the accident Messrs. Cornell notified' the insurance company, and the New York manager of the company called up by telephone its attorney, Mr. Johnson, and called his attention to the-fact of such notification, giving no special instructions in the matter. Mr. Johnson, at the suggestion of Mr. Cornell, one of the insured,, employed the plaintiff to investigate as to the cause of the accident, and to make a report.
It is claimed on the part of the defendant that this employment was in behalf of the Cornells, who were likely to be called upon to answer criminally, but upon the trial the court stated that this was a. question of fact for the jury to determine, and we see no reason for disturbing the ruling or the finding of the jury.
It is urged also that in any event the amount of the charges for the ■
The fact that the coroner’s verdict did not affect the rights of the defendant as the insurer of the Cornells for civil damages has no bearing upon the case; this plaintiff was there for the purpose of learning the points on which it was necessary for him to be specially prepared, and it was a legitimate part of his labors in making an investigation of the causes which led up to the accident. The charge of the trial court in respect to this question substantially complied with • the request of the defendant’s attorney, and there was no error of which the defendant could fairly complain.
The questions involved were questions of fact fairly within the province of the jury, and the verdict is in accordance with the evidence.
The judgment and order appealed from are affirmed.
All concurred, except Cullen, J.,, not sitting.
Judgment and order affirmed, with costs.