Dalesandro v. New York Underwriters Insurance

Opinion by

Keller, P. J.,

We regret that we are obliged to reverse this judgment, for we agree, in the main, with the views expressed by the learned President Judge of the court below in his opinion, provided all the facts on which it was based had been averred in the plaintiffs’ statement of claim. But they were not so averred.

This was a rule by the defendant raising a question of law in the nature of a demurrer (Practice Act of 1915, P. L. 483, Sec. 20). It follows that the decision must rest on the sufficiency of the plaintiffs’ statement of claim. It cannot be affected by averments of fact…