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LIBERTY MUTUAL INS. CO. v. HARTFORD ACCIDENT & IND. CO.

No. 12129.

251 F.2d 761 (1958)

LIBERTY MUTUAL INSURANCE COMPANY, a Corporation, individually and as use benefitee of The Howell Company, a Corporation, Plaintiff-Appellee, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 27, 1958.

Attorney(s) appearing for the Case

Charles M. Rush, Kirkland, Fleming, Green, Martin & Ellis, Chicago, Ill., for defendant-appellant.

William P. Nolan, Pretzel, Stouffer & Nolan, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and HASTINGS and PARKINSON, Circuit Judges.

DUFFY, Chief Judge.

The City of St. Charles, Illinois, maintained a dump which was divided into two areas. In one, burnable trash was to be deposited and the other was reserved for unburnable trash.

On March 28, 1953, an employee of The Howell Company collected on the company's premises, trash and discarded material consisting, in part, of a quantity of lint and several empty or nearly empty 5-gallon cans which had contained lacquer or paint used in the Howell...

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