EMPLOYERS MUT. LIAB. INS. CO. v. MELCHER


378 Pa. 598 (1954)

Employers Mutual Liability Insurance Company of Wisconsin, Appellant, v. Melcher.

Supreme Court of Pennsylvania.

September 27, 1954.


Attorney(s) appearing for the Case

Roger B. Reynolds, with him Herbert A. Barton and Swartz, Campbell & Henry, for appellant.

Sylvan D. Einhorn, with him Cassin W. Craig, Wisler, Pearlstine, Talone & Gerber, and Winer, Einhorn & Somerson, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ARNOLD, September 27, 1954:

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...

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