David Lazarus v. Manufacturers Casualty Insurance Company, a Body Corporate

I think the trial judge should have directed a verdict for the defendant Company in accordance with well known principles summarized by Judge Soper, dissenting in Snead v. New York Central Railroad Company, 4 Cir., 1954, 216 F.2d 169, 173. Here, the district judge granted the Company’s motion for judgment n. o. v. and also denied a new trial. The Snead majority, reversing, ordered a new trial, and at the very least, the majority here should do likewise.

My colleagues have reasoned that even though a garage policy was issued to an individual as a named insured, since he was then one of two…