Legal Opinion

Wetherill v. Williamsburgh City Fire Insurance

Superior Court of Pennsylvania

Decided February 24, 1915No. Appeal, No. 184PublishedCited by 10 opinions

Appeal, No. 184, Oct. T., 1914, by defendant, from judgment of Municipal Court March T., 1914, No. 460, for plaintiff on case tried by the court without a jury in suit of John Price Wetherill, Jr., et al., trading as Gibbons-Wetherill Service Co., v. The Williamsburgh City Pire Ins. Company. Assumpsit on a policy of automobile insurance.

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Appeal, No. 184, Oct. T., 1914, by defendant, from judgment of Municipal Court March T., 1914, No. 460, for plaintiff on case tried by the court without a jury in suit of John Price Wetherill, Jr., et al., trading as Gibbons-Wetherill Service Co., v. The Williamsburgh City Pire Ins. Company. Assumpsit on a policy of automobile insurance. Before Bonniwell, J. From the record it appeared that the defendant issued an automobile policy in the amount of $600 to the plaintiffs covering a Ford automobile. The circumstances of the accident are stated in the opinion of the Superior Court. The court…

1Opinion of the Court

Opinion by

Kephart, J.,

The plaintiffs owned an automobile and the chauffeur was taking it into a garage for the purpose of having some repairs made. He took the car inside the building *39a distance of thirty to thirty-five feet from the entrance, when he stopped to speak to the foreman. The car was closed and it was somewhat dark. Intending to go to the second story, he backed the car into the open area of an elevator shaft and the car fell to the ground floor below. The right of ,the plaintiffs to recover damages to the automobile from this fall depends upon the construction of the rider, which…

2Cases cited3 opinions

  1. Harris v. American Casualty Co. of ReadingSupreme Court of New Jersey · 1912
  2. Lepman v. Employers Liability Assurance Corp.Appellate Court of Illinois · 1912
  3. Hardenburgh v. Employers Liability Assurance Corp.City of New York Municipal Court · 1912

3Cited by10 opinions

  1. St. Paul Fire & Marine Ins. v. American Compounding Co.Supreme Court of Alabama · 1924
  2. Interstate Casualty Co. v. StewartSupreme Court of Alabama · 1922
  3. T. C. Power Motor Car Co. v. United States Fire InsuranceMontana Supreme Court · 1924
  4. Hamilton v. American Indemnity Co.Superior Court of Pennsylvania · 1923
  5. Brown v. Union Indemnity Co.Supreme Court of Louisiana · 1925

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