Employers Mutual Liability Insurance v. Melcher

Opinion by

Mr. Justice Arnold,

In this action of assumpsit brought by plaintiff Insurance Company as subrogee of its insured, West, the court below sustained defendants’ preliminary objections in the nature of a demurrer, and plaintiff appeals.

For a stated consideration, defendants leased their truck to West for a designated trip, and for West’s sole business, under a lease agreement providing, inter alia, that: (a) defendants would fully maintain, service and repair the vehicle, and provide all gas, oil and other equipment; (b) defendants would provide a driver and pay his salary; (c) West…