Schevling v. Johnson

HINCKS, District Judge.

The verdict against this third-party defendant (Liberty Mutual Insurance Company) imports a finding that within the meaning of the policy issued by the defendant the Packard car belonging to Mrs. Johnson was “a substitute for the described automobile” — i. e., the Chevrolet jointly owned by Ruppert Johnson, the named insured, and Charles, his son. There was ample evidence to support that finding.

The verdict also imported a finding that Toohey, the third-party plaintiff, was using the substituted automobile with the “permission” of the named insured, Ruppert Johnson. I…