Fleniken v. Great American Indemnity Co.

HOLMES, Circuit Judge.

This case originated as a suit for damages for personal injuries brought against the alleged liability insurance carrier of the tort feasor. Defendant’s motion for a directed verdict was overruled, and the jury returned a verdict for the plaintiffs upon which judgment was entered. On appeal, this court held that upon the undisputed facts the insurer was not liable as a matter of law, and that its motion for a directed verdict should have been granted. The judgment accordingly was reversed, and the cause remanded “for further and not inconsistent proceedings.”1

Motions for…