Rainman v. National Mutual Casualty Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for damages alleged to have been sustained when an automobile being driven by plaintiff collided with a truck driven by one of the defendants and upon which the defendant casualty company had issued a public liability policy. Judgment was for the plaintiff. Defendants appeal.

After the formal allegations as to the organization of the casualty company and the fact that defendant Gerdeman was carrying on the business of a motor carrier, the petition alleged that he had liability insurance with the defendant company; that the…