Travelers Indemnity Company v. Alfred Nielson

GARDNER, Circuit Judge.

This action was brought by appellee against appellant to recover under a liability insurance policy issued by appellant. The parties will be referred to as they were designated in the trial court.

In his complaint plaintiff alleged that two actions had been commenced against him, one by Leonard M. Easley and one by Easley’s wife, claiming damages as the result of an explosion which occurred on or about January 15,1956, it being alleged that the explosion was the result of negligence on the part of plaintiff who did some excavating work in front of the Easley home on or…