Hamilton v. American Indemnity Co.
Superior Court of Pennsylvania
Appeal, No. 162, Oct. T., 1923, by defendant, from judgment of Municipal Court of Philadelphia, March T., 1922, No. 734, on verdict for plaintiff in the case of James A. Hamilton v. American Indemnity Company. ' Assumpsit on policy of insurance. Before Walsh, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,048.09 and judgment thereon. Defendant appealed.
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Appeal, No. 162, Oct. T., 1923, by defendant, from judgment of Municipal Court of Philadelphia, March T., 1922, No. 734, on verdict for plaintiff in the case of James A. Hamilton v. American Indemnity Company. ' Assumpsit on policy of insurance. Before Walsh, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,048.09 and judgment thereon. Defendant appealed. Errors assigned, among others, were the charge of the court and refusal of defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Gawthrop, J.,
Plaintiff sued in assumpsit on an insurance policy issued to him by defendant and insuring certain motor trucks against certain hazards. This appeal is from a judgment entered on a verdict for plaintiff. Plaintiff’s employee was driving the truck southwardly on Eising Sun Avenue, Philadelphia. The traveled roadbed was about wide enough for three trucks to pass each other at the same time. On each side of the traveled way was a trolley track. The rails were T rails about four and a half inches high and set upon ties like railroad tracks with no ballast between the rails.…
2Cases cited3 opinions
- Hey v. Guarantors' Liability Indemnity Co.Supreme Court of Pennsylvania · 1897
- McCarty v. New York & Erie RailroadSupreme Court of Pennsylvania · 1858
- Wetherill v. Williamsburgh City Fire InsuranceSuperior Court of Pennsylvania · 1915
3Cited by14 opinions
- Wilson v. Maryland Casualty Co.Supreme Court of Pennsylvania · 1954
- King v. Travelers Insurance CompanyNew Mexico Supreme Court · 1973
- Casper v. American Guarantee & Liability InsuranceSupreme Court of Pennsylvania · 1962
- Vaksman v. Zurich General Accident & Liability InsuranceSuperior Court of Pennsylvania · 1953
- Kraftsow v. BrownSuperior Court of Pennsylvania · 1953
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