Phillipsburg Horse Car Co. v. Fidelity & Casualty Co.

Citations

• 160 Pa. 350
• 28 A. 823
• 1894 Pa. LEXIS 814

Syllabus

<p>Insurance — Liability policy — Street railways — Sisks.</p> <p>An insurance company insured a street railway company from liability for damages on account of injuries “resulting from any and every accident to or caused by the horses, cars, plant, ways, works, machinery or 'appliances used in the business of the insur-ed and described in the application.” The street car company was obliged to pay damages for personal injuries to a passenger sustained by the upsetting of a large omnibus sleigh, which was used in place of a car while the tracks were obstructed by snow and ice. The testimony showed that such sleighs were at times used by street railway companies in the section of country in which the plaintiff’s l'oad was operated, but did not show that the custom was so general that the parties would be presumed to have taken it into consideration in entering into a contract. Held, that the insurance company was not liable for the loss.</p>