CARLSSON v. PENNA. GEN. INS. CO., 438 Pa. 553 (1970)

265 A.2d 520

Carlsson v. Pennsylvania General Insurance Company, Appellant.

Supreme Court of Pennsylvania.March 20, 1970.
May 27, 1970.

Before JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ.

Appeal, No. 88, March T., 1970, from judgment of Court of Common Pleas of Crawford County, Nov. T.,

Page 554

1966, No. 111, in case of Erik W. Carlsson v. Pennsylvania General Insurance Company. Judgment affirmed.

Assumpsit. Before THOMAS, J., without a jury.

Finding in favor of plaintiff and against defendant; defendant’s exceptions dismissed, and judgment entered. Defendant appealed.

David P. Truax, with him Stuart A. Culbertson, and Allen and Truax, for appellant.

Paul D. Shafer, Jr., with him Thomas, Shafer, Walker, Dornhaffer Swick, for appellee.

OPINION PER CURIAM, May 27, 1970:

The issues raised by this appeal were resolved i Carlsson v. Pa. General Ins. Co., 214 Pa. Super. 479, 257 A.2d 861 (1969).

Judgment affirmed.

Mr. Justice JONES dissents.

Mr. Chief Justice BELL did not participate in the consideration or decision of this case.