JARKA CORP. v. AM. FID. & CAS. CO.


19 A.D.2d 141 (1963)

Jarka Corporation, Appellant, v. American Fidelity & Casualty Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

July 9, 1963.


Attorney(s) appearing for the Case

John Nielsen of counsel (Thomas O. Perrell with him on the brief; Perrell, Nielsen & Stephens, attorneys), for appellant.

William L. Shumate of counsel (Cusack, Shumate & Geoghan, attorneys), for respondent.

BREITEL, J. P., RABIN, STEVENS and BERGAN, JJ., concur.


STEUER, J.

Defendant insurance company had issued a liability policy on a truck owned by Langer Transport Corporation. The policy contained provisions covering loading and unloading. On December 1, 1953, merchandise was being delivered on the truck to plaintiff Jarka Corporation (hereinafter Jarka), which proceeded to unload it. The actual unloading was done by its employee, Dos Santos. In the course of the work...

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