Pfeiler v. Penn Allen Portland Cement Co.
Supreme Court of Pennsylvania
Appeal, No. 18, Jan. T., 1913, by plaintiff, from decree of C. P. Northampton Co., Sept. T., 1912, No. 2, in Equity, sustaining demurrer and dismissing bill in case of Ludwig Pfeiler v. The Penn Alien Portland Cement Company and The JEtna Life Insurance Company. Bill in equity praying for a decree subrogating plaintiff to the rights of his bankrupt employer, through whose negligence he had been injured and damaged, against defendant insurance company.
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Appeal, No. 18, Jan. T., 1913, by plaintiff, from decree of C. P. Northampton Co., Sept. T., 1912, No. 2, in Equity, sustaining demurrer and dismissing bill in case of Ludwig Pfeiler v. The Penn Alien Portland Cement Company and The JEtna Life Insurance Company. Bill in equity praying for a decree subrogating plaintiff to the rights of his bankrupt employer, through whose negligence he had been injured and damaged, against defendant insurance company. Before Stewart, J. Defendant filed a demurrer which was sustained and a decree made dismissing the bill. Plaintiff appealed. Error assigned was…
1Opinion of the Court
Per Curiam,
The plaintiff obtained a judgment in an action for personal injuries against the Penn Allen Portland Cement Company, which became insolvent and was adjudged a bankrupt. He filed a bill for subrogation to the rights of the cement company under an indemnity policy of accident insurance issued to it by the JEtna Life Insurance Company and for a decree requiring the insurance company to pay to him the amount of his judgment against the cement company. The court sustained a demurrer and dismissed the bill.
The insurance policy provided that: “No action shall lie against the company to…
2Cited by10 opinions
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- Moses v. Ferrel & Indemnity Co. of AmericaSuperior Court of Pennsylvania · 1928
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