Rykill v. Franklin Fire Insurance

Opinion by

Gawthrop, J.,

This is an action upon a policy of insurance on an automobile to recover loss resulting from three separate collisions. From a judgment entered on a verdict for the plaintiff comes this appeal. The errors assigned are the refusal of defendant’s point for binding instructions and judgment for defendant n. o. v. The insufficiency of the plaintiff’s case is urged on several grounds. But two of these need to be considered. The policy sued on contains these express stipulations:

“This policy shall cease and terminate......(3) if the automobile described be used for carrying…