were located on the lower front of the trailer and on the rear doors thereof.
13. That the said trailer with ridge rope, roof bows and the tarpaulin above referred to, was sold by Raymond Borst to Ben McCreary; McCreary was the owner of same at the time of the occurrence of the accident in question.
14. During the period the trailer was owned by Borst and McCreary, the trailer when loaded with cargo was, in accordance with standard practice, covered by the tarpaulin in question, which completely covered the top of the trailer and was fastened by the tie ropes to the tierods on the front, rear and sides of the trailer. Said tarpaulin was never used for any other purpose.
15. That on the morning of May 31, 1951, the defendant had leased the above described trailer from Ben McCreary and attached the same to a tractor which was driven by Thomas Cahill, a driver employed by defendant, to the premises of Pelham Electric Company, 1503 German Street, Erie, Pennsylvania, for the purpose of picking up a cargo of switchboards of said Pelham Electric Company.
16. That after defendant's driver, Thomas Cahill, took the tractor and trailer above mentioned to Pelham Electric Company, Cahill backed the trailer to a doorway on the west side of Pelham's building and left the trailer there. Subsequently, the switchboards were loaded onto the trailer solely by employees of Pelham Electric Company, who also completely covered the load with the tarpaulin in question, which, together with the roof bows, had been left on the floor of the empty trailer. Pelham's employees fastened the tarpaulin tie ropes to the tierods permanently affixed horizontally along the front and sides of the trailer, and left the roof bows on the floor of the trailer.
17. On the same afternoon, Cahill, at the direction of defendant's dispatcher, returned with defendant's tractor to Pelham Electric Company. Cahill hooked the defendant's tractor to the loaded trailer and pulled it a short distance away from Pelham's building. Cahill then was able to close the rear doors and fasten the rear tarpaulin tie ropes to the horizontal tierods on the rear doors of the trailer.
18. Cahill then drove west on East 16th Street to Division Street, turned north and when passing under the Division Street subway at 15th Street, the tarpaulin and switchboards came in contact with the viaduct. As a result, the tarpaulin was torn and the switchboards were badly damaged.
19. The sidewalls of the trailer being hauled by defendant at the above time and place were 6 feet 6 inches high (78 inches) and the switchboards being hauled were 90 inches high; accordingly, the switchboard cargo, completely covered by the trailer's tarpaulin, extended above the sidewalls of the trailer a distance of one foot, plus the thickness of the tarpaulin. The steel roof bows were on the floor of the trailer and were not installed or in use when the accident took place.
20. No part of the carrying vehicle, other than the tarpaulin, came in contact with the subway when the damage was sustained to the merchandise in the tractor trailer covered by the tarpaulin.
21. The tarpaulin was part of the carrying vehicle.
Conclusions of Law
1. That the terms and provisions of insurance policy No. 100488 issued by the Hartford Fire Insurance Company, a corporation, to Hazel M. Foulke, doing business as Hardinger Transfer Company, defendant, extended coverage to the tractor-trailer and the tarpaulin manufactured for and specifically used on the trailer.
2. That the Hartford Fire Insurance Company was obligated to reimburse Hazel M. Foulke, doing business as Hardinger Transfer Company, defendant, for the amount of the loss, to wit $ 3,990 together with interest and costs, which was the damage sustained to the merchandise being hauled by the defendant for the Pelham Electric Manufacturing Corporation.
3. That judgment should be entered in favor of the defendant, Hazel M. Foulke, individually and doing business as Hardinger Transfer Company, and against the plaintiff, Hartford Fire Insurance Company, a corporation, together with costs.
An appropriate Order is entered.
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