Kratzer v. Pennsylvania Casualty Co.

Citations

• 238 Pa. 515
• 86 A. 303
• 1913 Pa. LEXIS 1000

Syllabus

<p>Insurance — ■ Liability insurance — Ordinance — Covering over pavement — Failure to provide.</p> <p>The plaintiff was the holder of a policy of insurance against loss arising from liability for injuries which might be occasioned by him or his workmen, which provided, inter alia: “This policy does not cover loss from liability for injuries when the assured has failed to observe any statute affecting the safety of persons or has violated any local ordinance made in the same behalf.” Plaintiff suffered loss by reason of an injury occasioned to a passerby through the negligence of his workmen while erecting a fire escape on a theatre, without having erected a covering over the sidewalk. An ordinance of the City of Pittsburgh provided, inter alia: “Whenever any new building shall have attained the height of one story, or whenever it may become necessary to unroof or take down any building fronting on any street, square or alley in this city, or to perform any work thereon whereby risk may be incurred to persons passing the same, it shall be the duty of persons erecting, unroofing, taking down or performing any work on any such building, or of the owner thereof to erect a good and substantial covering over the pavement or footwalk in front of said building, of such elevation as to not interfere with the free use of such pavement or footwalk, under a penalty of five dollars for each day during which the provisions of this section remain uncomplied with.” Held, the terms of the ordinance did not cover the work being done as above described, and the plaintiff was, therefore, entitled to recover.</p>