City of Wheeling Ex Rel. Carter v. American Casualty Co.

Haymond, Judge:

This action of covenant was instituted in November, 1946, by the plaintiff, The City of Wheeling at the relation of John T. Carter, to recover damages from the defendants, American Casualty Company of Reading, Pennsylvania, the surety, and Louis Bopp, the principal, upon his official bond as a city police officer for an alleged attack made by Bopp, while armed with a billy, upon Carter on May 25, 1946, in which Carter sustained severe personal injuries.

While the case was pending, on December 30, 1946, Carter died from causes other than the injuries inflicted upon him by Bopp…