Hardware Mutual Casualty Co. v. Hartford

The judgment appealed from is declaratory, adjudging that neither of two insurance policies issued by Hardware Mutual Casualty
Company to the city of Stevens Point obligates Hardware Mutual to defend an action for damages resulting from injuries to
one Charles Haase, nor to reimburse the city or its other insurance carrier, Hartford Accident & Indemnity Company, for
any damages they may be compelled to pay by reason of such injuries. On this appeal, the judgment is criticized by the appellants
only insofar as it relates to policy No. 504,153, and only that policy will be discussed. On June 23, 1955, Charles Haase, then eleven years old, was playing on the grounds of the P. J. Jacobs High School in Stevens
Point, when he stepped into a pile of ashes containing live coals, and was severely burned. The school janitors had removed
the ashes and coals from the furnace in the school boiler room and had piled them on an outdoor platform adjoining the boiler
room, in the expectation that the city refuse collectors would pick them up and haul them away.