Legal Opinion

Edward Stern & Co. v. Liberty Mutual Insurance

Supreme Court of Pennsylvania

Decided March 7, 1921No. Appeal, No. 64PublishedCited by 13 opinions

Appeal, No. 64, Jan. T., 1921, by defendant, from judgment of C. P. No. 4, Pkila. Co., June T., 1919, No. 5679, for plaintiff on case stated, in suit of Edward Stern & Co. v. Liberty Mutual Insurance Co. Case-stated in assumpsit to determine liability under an employer’s insurance policy. Before Finletter, J. Tbe opinion of tbe Supreme Court states tbe case. Tbe court entered judgment for plaintiff on tbe case stated for $1,500. Defendant appealed.

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Appeal, No. 64, Jan. T., 1921, by defendant, from judgment of C. P. No. 4, Pkila. Co., June T., 1919, No. 5679, for plaintiff on case stated, in suit of Edward Stern & Co. v. Liberty Mutual Insurance Co. Case-stated in assumpsit to determine liability under an employer’s insurance policy. Before Finletter, J. Tbe opinion of tbe Supreme Court states tbe case. Tbe court entered judgment for plaintiff on tbe case stated for $1,500. Defendant appealed. Error assigned was judgment, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

Defendant insured plaintiff under a policy of insurance covering personal injuries sustained by employees, (a) coming under the Workmen’s Compensation Act of 1915 and its amendments, and (b) where a “liability [is] imposed upon the employer by the laws of Pennsylvania for damages on account of such injuries.”

Samuel Hair, a minor under the age of sixteen, was employed by plaintiff. During the course of employment he sustained an injury for which he brought an action at law to recover damages, charging maintenance of machinery in an unsafe and unguarded condition,…

2Cases cited4 opinions

  1. Lincoln v. National Tube Co.Supreme Court of Pennsylvania · 1920
  2. Sauer v. School DistrictSupreme Court of Pennsylvania · 1914
  3. Potamkin v. Wells Fargo & Co.Superior Court of Pennsylvania · 1916
  4. Deposit National Bank v. Beaver Trust Co.Superior Court of Pennsylvania · 1917

3Cited by13 opinions

  1. First National Bank v. BaerSupreme Court of Pennsylvania · 1923
  2. New York & Pennsylvania Co. v. Cunard Coal Co.Supreme Court of Pennsylvania · 1926
  3. Welsch v. Pittsburgh Terminal Coal Corp.Supreme Court of Pennsylvania · 1931
  4. Kaufman v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1934
  5. Oilmen's Reciprocal Ass'n v. GillelandCourt of Appeals of Texas · 1926

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