Travelers Insurance Company, a Corporation v. Peerless Insurance Company, a Corporation

This was an action between two corporations of diverse citizenship the object of which was to procure a declaration of their respective responsibilities under their separate policies insuring against personal injury liability.

The appellant Travelers had issued to St. Johns Motor Express Co., Inc., its so-called comprehensive liability policy which provided bodily injury liability insurance to various persons coming within the definition of the term “insured” as stated in the policy.

The appellee Peerless had issued to Publishers’ Paper Company, a corporation, doing business at Oregon City, a similar policy.

One Christian, a truck driver for St. Johns, was making delivery of tanks of chemicals from his St. Johns truck at the loading dock of Publishers’ Paper Company at Oregon City. Assisting in the unloading at the time was an employee of Publishers’ who was using an overhead traveling crane to lift the tanks from the truck. In the operation of that crane one of the tanks swung against Christian, injuring him. Christian sued Publishers’ and its employee for injuries alleged to have been caused by their negligence.

It is conceded that any liability on the part of Publishers’…