Bartels Brewing Co. v. Employers' Indemnity Co.
Supreme Court of Pennsylvania
Appeal, No. 401, Jan. T., 1914, by defendant, from judgment of C. P. Luzerne Co., March T., 1912, No. 566, on verdict for plaintiff, in case of Bartels Brewing Company v. Employers’ Indemnity Company of Philadelphia, Pa. Assumpsit on a contract of liability insurance. Before Garman, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,599.55 and judgment thereon. Defendant appealed.
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Appeal, No. 401, Jan. T., 1914, by defendant, from judgment of C. P. Luzerne Co., March T., 1912, No. 566, on verdict for plaintiff, in case of Bartels Brewing Company v. Employers’ Indemnity Company of Philadelphia, Pa. Assumpsit on a contract of liability insurance. Before Garman, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,599.55 and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence, answers to points, the refusal of the court to direct a verdict for defendant and to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this action the plaintiff sought to recover upon a contract of indemnity against legal liability for injuries resulting from the negligence of its employees. A verdict in an action of trespass, and payment of the judgment thereon, had fixed the amount of defendant’s liability, if it was liable under the terms of the contract. Defendant denied liability upon the ground that plaintiff, the insured, had not complied with the stipulation of the contract of insurance, with respect to the notice required to be given of the happening of the accident for the results of…
2Cited by12 opinions
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- Hachmeister, Inc. v. Employers Mutual Liability Insurance Co. of WisconsinSupreme Court of Pennsylvania · 1961
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