Travelers Insurance v. Norton

BARD, District Judge.

Both defendants filed motions to dismiss the complaint. On July 21, 1939, John Bernatowicz, while employed as a stevedore *532loading a cargo of steel, was struck on the left foot by a crowbar on which was a draft of steel plates weighing about 4,000 pounds. He was treated at a hospital for several weeks, after which he received further treatment at the clinic of his employer’s insurance carrier, the plaintiff in this action. He returned to work as a stevedore on November 10, 1939, and continued to work until February 16, 1940. On February 23, 1940, he entered the Frankford…