Opinion
March 25, 1958.
June 11, 1958.
Insurance — Boiler and machinery insurance — Hot water storage tank — Sudden and accidental tearing asunder — Object or any part thereof — Internal pressure — Evidence — Charge to jury — Fair preponderance of evidence — Burden of proof.
1. In an action on an insurance policy by the insured, to recover damage to a hot water tank, in which it appeared that the policy protected against "a sudden and accidental tearing asunder of the object, or any part thereof, caused by pressure of contents therein or caused by vacuum therein"; and that there was evidence that defendant insurer had examined the tank every year for several years and had issued favorable reports as to its condition, and that a hole in its top had been caused by internal pressure, which had forced the metal to give way; it was Held that there was evidence to sustain a verdict for plaintiff.
2. Where it appeared that the trial court charged that the burden was upon plaintiff to prove that the tank or the particular part of the tank was burst asunder by the internal pressure within the tank, it was Held that the charge did not constitute reversible error because it did not contain the phrase "by a fair preponderance of the evidence".
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (HIRT, J., absent).
Appeal, No. 66, Oct. T., 1958, from judgment of Court of Common Pleas No. 1 of Philadelphia County, Sept. T., 1955, No. 3263, in case of Superior Wall Products Co. v. The Employers Liability Assurance Corporation, Limited. Judgment affirmed.
Same case in court below: 12 Pa. D. C. 2d 533.
Assumpsit. Before OLIVER, P.J.
Verdict for plaintiff and judgment thereon. Defendant appealed.
Norman Paul Harvey, with him John J. McDevitt, 3rd, for appellant.
Mervin J. Brenner, with him David F. Maxwell, and Obermayer, Rebmann, Maxwell Hippel, for appellee.
Argued March 25, 1958.
The judgment of the court below is affirmed on the opinion of President Judge L. STAUFFER OLIVER, as reported in 12 Pa. D. C.2d 533.