Home Ins. Co. of New York v. Trammell

BOULDIN, Justice.

The action is on a policy of automobile insurance, indemnifying the owner against loss from “theft, robbery and pilferage.”

The owner, Ross Trammell, employed a negro youth, Alfred Murphy, to take the car to a water hydrant, a few hundred feet away, and wash and simonize it.

The key, together with rags and simonizing material, was handed to Murphy, who drove the ear to the hydrant, and proceeded to wash and simonize it as agreed. He was in sight of the owner’s place of business. An hour or two later Mr. Trammell found his car about a mile away, ditched and damaged, alongside…