Mendota Electric Co. v. New York Indemnity Co.

Lees, C.

This is an appeal from an order sustaining a demurrer to the complaint.

Omitting the formal allegations, the facts set forth are as follows: Plaintiff furnished electric light and power to consumers in and near the town of Mendota. Defendant had insured plaintiff in the sum of $5,000 against loss by reason of the liability imposed by law for damages on account of bodily injuries received by any one person not employed by plaintiff. Mike Finch, who was not plaintiff’s employe, suffered severe injuries and brought suit against plaintiff and the Northern States Power Company and the…