Whitfield v. Empire Mutual Insurance

This case arose out of a one-car accident involving an automobile operated by Herman Cooper, hereinafter Cooper, and owned by C. Kenneth Theroux, an automobile repairer, resulting in the death of the plaintiff’s decedent, Julius C. Whitfield, and in serious injuries to the plaintiff Joseph Whitfield, both of whom were passengers in the automobile.

The present action was brought by the plaintiffs against the two defendant insurance companies, Empire Mntnal Insurance Company, hereinafter Empire, as liability insnrer of Cooper, and Atlantic Mutual Insurance Company, hereinafter Atlantic, as…