Livingston v. Nationwide Mutual Insurance Company

ORDER

HEMPHILL, District Judge.

Plaintiff, Administrator of deceased estate, seeks recovery from defendant on an automobile liability insurance policy held by wife of the deceased. The matter was heard before the court on December 10, 1968, sitting without a jury. This court, therefore, as directed, must find and state separately its findings of fact and conclusions of law.

FINDINGS OF FACT

1. On August 18, 1967, plaintiff’s intestate, while seated on a chair in front of a ticket office at a dirt race track of G. D. Livingston, was struck and killed by a tire which broke free of the 1955…