Bankers Indemnity Insurance v. Cleveland Hardware & Forging Co.

This cause comes to this court on appeal on questions of law. The plaintiff brought this action in the Common Pleas Court, seeking judgment against the defendant in the sum of $9,933.70.

The facts which are the foundation of plaintiff's claim are as follows:

The plaintiff issued a policy of insurance to indemnify The Burdett Oxygen Company against loss because of injuries sustained by any one other than an employee through its negligence in the conduct of its business. The Cleveland Hardware Forging Company, defendant herein, required the use of nitrogen gas as a part of one of its…