Maryland Casualty Co. of Baltimore v. Orchard Land & Timber Co.

(after stating the facts as above). 1. This is an action to recover the amount of a policy indemnifying the Timber Company against loss from the liability imposed by law upon the insured for damages on account of bodily injuries accidentally suffered by one of its employés. A jury having been waived by stipulation of the parties, the case was tried by the court without a jury. The court found, generally, “that by reason of all the matters and things set forth in the complaint, the plaintiff [the Timber Company] * * * suffered and sustained damages in the sum of $5,000, together with interest thereon * * * amounting to $246.50,” and as a conclusion of law the court found “that the plaintiff, Orchard Land & Timber Company, is entitled to judgment against the defendant, Maryland Casualty Company of Baltimore, for the sum’ of $5,246.50, besides the costs and disbursements of this action,” and judgment was entered accordingly.

[1] The case comes here on writ of error. The errors assigned are that the court did not make findings of fact and conclusions of law covering the issues presented by the pleadings; that there was no evidence, and not sufficient evidence, to justify and support…