S. & E. Motor Hire Corp. v. New York Indemnity Co.

Plaintiff seeks reimbursement from the defendant insurance company for an amount paid on account of a judgment recovered against plaintiff by Charles Nelson. This judgment represents damages for personal injuries inflicted upon Nelson by reason of plaintiff’s negligence. The defendant resists the claim upon the ground that it is not within the policy held by the plaintiff for the reason that the driver of plaintiff’s automobile truck which caused the accident was less than eighteen years of age.

It is conceded that the driver was under eighteen years and was, therefore, operating the track in…