Phillipsburg Horse Car Co. v. Fidelity & Casualty Co.
Supreme Court of Pennsylvania
Appeal, No. 392, Jan. T., 1894, by defendant, from judgment of C. P. Northampton Co., Deo. T., 1893, No. 65, on verdict for plaintiff. Assumpsit on insurance policy.
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Appeal, No. 392, Jan. T., 1894, by defendant, from judgment of C. P. Northampton Co., Deo. T., 1893, No. 65, on verdict for plaintiff. Assumpsit on insurance policy. Before Reeder, J. At the trial, it appeared that the plaintiff, a horse car company, applied to defendant, an insurance company, for a policy of insurance against damages resulting from the death or injuries of passengers or other persons, except employees, by reason of the operation of plaintiff’s street railway. The application for insurance was as follows: “THE APPLICATION. Premiums, “ Easton Transit Co. of Easton,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The policy of insurance upon which this action is founded was issued by the defendant to the Phillipsburg Horse Car Co., the plaintiff, upon an application in writing in which the insured' set out the number of miles of road operated, the number of cars and horses in use, the number of trips per day, the schedule time and other matters intended to give the fullest information to the insurer of the character and extent of the risk, and ended with the statement: “ There is no information tending to vary the risk except as herein stated.”
The insurance was “ against all…
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