Breen v. Cunard Lines Steamship Co.

Chief Judge Breitel.

Michael Breen, a truck driver for Wooster Express, sued appellant Cunard Lines for personal injuries sustained on Cunard’s pier when he fell through a broken board of a pallet which he had used while unloading a shipment of heavy cases containing paper. Cunard, by a third-party complaint, impleaded respondent Liberty Mutual, the liability insurer of Wooster’s truck. Wooster’s policy covered liability not only for the named insured, but also all those using the vehicle with the insured’s permission, that is, Wooster’s permission. As to bodily injury or property damage…