OSBORNE v. THE AMERICAN INS. CO.

No. 83.

37 Pa. D. & C. 2d 402 (1965)

Osborne v. The American Insurance Company

Common Pleas Court of Mercer County, Pennsylvania.

July 7, 1965.


Attorney(s) appearing for the Case

Archie O. Wallace, for plaintiffs.

William C. Kuhn, for defendant.


McKAY, J., July 7, 1965.

Is a caterpillar tractor bulldozer a vehicle within the meaning of a home owner's insurance policy? If it is, and if the owner's cellar wall collapses due to the weight of such a vehicle when operated by a third party within 16 inches of the wall, is the collapse of the wall a direct loss to the owner?

These two questions are presented by defendant's motion for judgment on the pleadings in the present action, which is a suit...

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