Vascoe v. State Farm Mutual Automobile Insurance

HEARD, Judge.

This is a tort action by Homer Vascoe, doing business as National Motors, against State Farm Mutual Automobile Insurance Company, liability insurer of Nell Bowden.

On October 2, 1970 at about 6:00 o’clock A.M. the Vascoe vehicle, driven by Harold W. Zumwalt, stalled on Linwood Avenue. It is undisputed that Zumwalt was neither agent nor servant of Vascoe. As the shoulders on Linwood are somewhat narrow, the car was left protruding on the highway and it is disputed how much the vehicle obstructed the lane of traffic. It was dark at this time and also in dispute is whether or not the…