Opinion
January 14, 1958.
March 26, 1958.
Insurance — Fire insurance — Policy — Construction — Insurance against business interruption — Interruption by civil authority.
Cleland Simpson Company, Appellant v. Firemen's Insurance Company, 392 Pa. 67, followed.
Mr. Justice MUSMANNO dissented.
Argued January 14, 1958. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.
Appeal, No. 6, Jan. T., 1958, from judgment of Court of Common Pleas of Lackawanna County, April T., 1956, No. 795, in case of Simpson Real Estate Corporation v. Firemen's Insurance Company of Newark, N.J. et al. Judgment affirmed.
Same case in court below: 11 Pa. D. C.2d 613.
Assumpsit.
Defendants' preliminary objections to the complaint sustained, and final judgment entered for defendants, opinion by HOBAN, P. J. Plaintiff appealed.
C. H. Welles, 3rd, with him Welles Mackie, for appellant.
Thomas Raeburn White, Jr., with him John W. Bour, Thomas Raeburn White, O'Malley, Morgan, Bour Gallagher, and White, Williams Scott, for appellees.
This is a companion case to Cleland Simpson, Appellant v. Firemen's Insurance Company, 392 Pa. 67.
The judgment of the Court of Common Pleas of Lackawanna County is affirmed on the opinion of Judge HOBAN, reported in 11 Pa. D. C.2d 613.
Mr. Justice MUSMANNO dissents in this case for the same reasons given in his dissenting opinion in the companion case of Simpson v. Firemen's Insurance Company, 392 Pa. 67.