Strode v. Commercial Casualty Ins. Co.

SWINFORD, District Judge.

This is an action against the defendant to recover to the extent of the terms of the policy the amount of a judgment secured against its insured in the state -court. The alleged liability grew out of an accident in which a pedestrian was killed. The detailed facts of the accident are important to this decision and are set forth in the following quotation from the opinion of the Kentucky Court of Appeals in the case of Strode v. Campbell, 311 Ky. 525, 224 S.W.2d 673:

“Mary Helen lived with her father and his family on a farm about one and one-half miles south of Cave…