Opinion

Pacific Automobile Ins. v. Commercial Casualty Ins. Co. of New York

  • 108 Utah 500
  • 161 P.2d 423
  • 160 A.L.R. 1251
  • 1945 Utah LEXIS 144
Court
Utah Supreme Court
Filed
Aug 6, 1945
Status
Published
Author
Wolfe
On the bench
Larson, Wolfe, McDonough, Tuenee, Wade
Cited by
57 cases

The opinion

WOLFE, Justice

(concurring).

I concur. T assume the opinion would have reached the same result had the employees of the restaurant opened up the doors to the vault in the sidewalk. The result would have been the same if Dayton had been injured by one of the beer kegs rolling away and striking him. I mention this because the “accident out of which this action grew,” it might be argued, would not in the strictest sense be “the result of acts and conduct of the employees of the insured while engaged in making a commercial delivery” if the opening of the doors was done by the employees of the restaurant. I think that if liability for damage was imposed by law upon the insured by reason of an injury proximately caused by an occurrence arising out of or in the course of the mission, transaction or function of delivering the goods by insured’s employees, the plaintiff would have been liable under the terms of the policy issued by it according to the reasoning of the opinion. I therefore concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.