Hill v. Ocean Accident Guarantee Corporation

GARDNER, Justice.

Plaintiff recovered of one A. E. Cumby a judgment for damages arising out of a collision with a truck, owned by Wilson & Co., and operated at the time by said Cumby, an employee of said Wilson & Co. There was in force at the time a liability insurance policy issued by defendant to Wilson & Co., and plaintiff sues thereon; his right to so prosecute the suit resting upon section E of the 'policy.

It appears from the pleadings (details omitted) that, though Cumby at the time of the collision was in the permissive use of the truck belonging to Wilson & Co., yet he was making use…