Carolina Casualty Insurance Company v. Davalos

Marshall, Justice.

This is a motor vehicle collision suit filed against a motor common carrier and its insurer under Code Ann. § 68-612. We granted certiorari to determine whether the plaintiffs should have been allowed, over objection of the defendants, to present to the jury evidence of the limits of the insurance policy. We conclude that the defendants’ objection should have been sustained.

It is true that in a suit against a common carrier and its insurer under § 68-612, the plaintiff cannot recover from the insurer any more than the liability fixed by its contract and the statute, and,…