Indemnity Insurance Company of North America v. Koontz-Wagner Electric Co., Inc.

DUFFY, Chief Judge.

On May 17, 1948, defendant submitted to plaintiff’s assured, the Studebaker Corporation, its quotation of a price on a job for removal of electric light fixtures, wiring, etc., from a plant owned by said Corporation. On May 20, 1948 defendant was awarded the job by the Studebaker Corporation under a written and printed purchase order. Defendant commenced work on May 20th, and on the following day one Roy Todd, an employee of defendant, while in the performance of his duties, was injured due to the negligence of an employee of the Studebaker Corporation.

Todd commenced an…