AUSTIN L. BURGESS, INC. v. LUMBERMENS MUTUAL CASUALTY


348 Mass. 616 (1965)

205 N.E.2d 1

AUSTIN L. BURGESS, INC. vs. LUMBERMENS MUTUAL CASUALTY COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 2, 1965.


Attorney(s) appearing for the Case

David D. Leahy for the defendant.

Louis Kobrin, for the plaintiff, submitted a brief.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

On a policy of insurance issued by the defendant, the plaintiff seeks to recover for loss of a payroll. The jury returned a verdict for the plaintiff. The case is here on the defendant's exceptions to the admission of certain evidence, to the denial of its motion for a directed verdict, and to the instructions to the jury.

We summarize the pertinent evidence. In a policy of insurance issued to the plaintiff, the defendant agreed "[t]o pay for ...

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