Oppenheimer v. Maryland Casualty Co.

Citations

• 70 Pa. Super. 382
• 1918 Pa. Super. LEXIS 257

Syllabus

<p>Insurance — Accident insurance — Gommon carriers — Automobile —Appeals—Reversal of judgment — New venire.</p> <p>A clause in an accident insurance policy which, gives double indemnity if .the insured sustains an injury “while a passenger in or on a public conveyance provided by a common carrier for passenger service,” does not apply to a case where the insured is injured while riding in an automobile which with the chauffeur he had hired from a private individual, who operated his ears along no route, with no schedule or tarifE of rates, with no certificate of public convenience from the Public Service Commission, and whose rate of hire was wholly the subject-matter of contract between him and his prospective patrons.</p> <p>In an action upon such a policy where the court directs a verdict for plaintiff for double indemnity, and the record is such that the appellate court, in reversing cannot enter judgment for a fixed and definite sum, the judgment will be reversed with a writ of venire facias de novo.</p>