Mountain States Mutual Casualty Co. v. American Casualty Co.

MR. JUSTICE CASTLES:

This is an appeal and cross-appeal from a judgment of the district court of Yellowstone County, in which judgment the appellant American Casualty Company obtained judgment against the appellee Mountain States Mutual Casualty Company for $4,444.44, plus interest and costs. The Mountain States Casualty Company will hereinafter be called Mountain States. Mountain States was plaintiff below. The American Casualty Company, defendant below, will be referred to as American.

The appeal poses a double question involving primary and secondary liability as between two automobile…