Pennsylvania Indemnity Corp. v. Kurtz

Adkins, J., delivered the opinion of the Court. The appellee was injured in a collision between the automobile in which she was riding as a passenger and a truck of the Aliens & Bell Transfer Company, Incorporated, which then held a policy of liability insurance in the appellant company. Judgment was recovered by the appellee against the transfer company for $1,000, and execution issued thereon, and trucks of the transfer company levied upon; but, by reason of conditional sales contracts thereon, they were not sold under the execution, but a settlement was made with the holders of the conditional sales contracts and the amount received in the settlement credited on the judgment, and the execution countermanded; and this suit was brought by appellee for the balance of said judgment. After the institution of the suit but before the filing of the amended declaration in this case, another execution was issued on said judgment and returned “nulla bona.” In the policy of insurance there is a condition that “this ⁴⁰ policy does not cover any liability in respect of injuries caused in whole or in part by any automobile insured hereunder while being operated or manipulated * * * to propel or tow any trailer or other vehicle used as a trailer, unless such liability is specifically included herein by indorsement.” It is admitted that there was no such indorsement on the policy.

It appears from the testimony of a witness produced by plaintiff that, at the time of the accident, the truck was backed up against the curb of the street, and that, a few minutes after the accident and before plaintiff was taken from the scene, a circus wagon was seen by him attached to the truck, and that the truck was then about to move out. This witness and the