Raymond v. Great American Indemnity Co.

The issues to be considered relate to sufficiency of evidence and burden of proof. When the plaintiff was injured the owner of the automobile was carrying two special and four regular passengers. The former and the plaintiff, who was one of the latter, testified that they rode free. Of the latter two testified that they paid for their transportation. One of the latter and the owner did not testify.

Since the owner was not insured if any of the passengers paid, the free riding of the plaintiff does not make the defendant liable. The insurance did not cover the owner’s use of the car when he…