Frazier v. Glens Falls Indemnity Company

MASSEY, Chief Justice.

The Glens Falls Indemnity Company obtained, a summary judgment decreeing its non-liability and release from- any responsibility under an automobile liability insurance' policy ás result of breach of condition by its insured. The insured, George W. New, and the injured third.person, O. S. Frazier, bring the appeal.

Judgment reversed. Cause remanded for trial on the merits.

Frazier is New’s father-in-law. Frazier was injured and his wife killed as result of an automobile accident claimed to be the fault of New.

The question to be resolved on the appeal is whether the evidence…