McWhorter Transfer Co. v. Peek

BOULDIN, Justice.

Action in damages for wrongful death under the homicide act. Code, § 5696.

The deceased, J. B. Stout, came to his death from a collision of an automobile in which he was riding with a truck driven by W. L. McWhorter, operating under the name of McWhorter Transfer Company.

Builder’s & Manufacturer’s Mutual Casualty Company, a foreign corporation, was made party defendant, as surety for the McWhorter Transfer Company by virtue of an insurance policy issued in lieu of a bond under section 13 of the Motor Carrier Act of 1931 (Acts 1931, p. 312).

There was no error in overruling the…