Marple v. American Automobile Insurance

Respondents first recovered judgment against Jay H. Merrill for the death of their son, Robert, Jr., caused by the negligent operation of an automobile in which he was riding while driven by the son of said Merrill. An execution on said judgment having been returned unsatisfied, respondents next commenced this action against appellant, the insurance carrier for said Merrill. Judgment was for respondents against the appellant insurance company.

Appellant claims first that the record in the first suit against Merrill shows that the judgment against him was not given upon the theory of respondeat…