Stirratt v. Kane

Sheran, Justice.

Appeal from an order of the district court denying plaintiff’s motion for a new trial.

The question for decision is whether a policy of liability insurance issued by the garnishee, Iowa National Mutual Insurance Company, obligates the insurer to pay a judgment obtained by plaintiff, Ralph E. Stirratt, against defendant, Frederick Kane, in an action for damages sustained by plaintiff as a result of defendant’s negligence in the operation of a motor vehicle owned by the Minneapolis Police Department. The critical fact is that both Stirratt and Kane were acting as employees of the…