Kuhn v. Torr Construction Co.

O’KICKI, J.,

The question before the court is whether a bonding company, which issued to a prime contractor a performance and labor and materials bond, is liable for damage to equipment leased to the prime contractor when the damage was caused by the negligent operation of such equipment by the prime contractor’s employes.

A suit in assumpsit was filed by Wilfred Kuhn against Torr Construction Company, as principal and Peerless Insurance Company as surety, on a performance and labor and material bond. This bond was purchased by the principal in connection with the award to the principal of a…