Appeal, No. 372, Jan. T., 1958, from judgment of Court of Common Pleas of Lancaster County, Dec. T., 1957, No. 4, in case of Manufacturers Casualty Insurance Company v. Goodville Mutual Casualty Company et al. Judgment reversed.
Henry T. Reath, with him W. Hensel Brown, J. Grant McCabe, III, and Duane, Morris & Heckscher, for appellant.
Ralph M. Barley, with him Barley, Snyder, Cooper & Mueller, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Bok, JJ.
OPINION BY MR. JUSTICE BOK.
This proceeding is between two insurance companies. Its form is a petition for a declaratory judgment, which the court below granted and went on to resolve in favor of the defendant.
Beneath are two suits at law in Cumberland County arising out of an accident. Two sets of plaintiffs, O'Malleys and Bissells, sued the additional defendants, Stoltzfus & Sons, Inc., and the Wertzes. These suits are pending.
Stoltzfus & Sons owned a truck and the Wertzes owned a trailer. The truck, driven by Wigenroth, a Stoltzfus employe, was hauling the trailer, with the permission of its owners; in it was a horse belonging to Stoltzfus, president of Stoltzfus & Sons, whose hobby was horses. The haul was not for hire, and the pleadings aver that Wigenroth was the servant, agent, and employe of Stoltzfus & Sons, Inc.
The truck was insured by plaintiff insurance company, the trailer by defendant insurance company. The effort of the instant proceeding is to construe the insurance policies and determine whether defendant company should share the defense of the accident suits
and the payment of any resulting judgments. The defendant company has denied ...