Hardware Indemnity Ins. Co. of Minn. v. Sprouse

Opinion op the Court by

Clay, Commissioner

Reversing.

This action was brought by appellee to recover from .appellant insurance company a public liability loss sustained as a result of a motor vehicle accident. At the •conclusion of the trial, the lower Court gave a peremptory instruction for appellee, and on this appeal appellant insists it was entitled to such instruction.

Appellee operated a general building supply business in Bowling Green. He owned and used commercially five heavy duty hauling vehicles and a passenger automobile. On or about October 15, 1944 appellant’s agent solicited…