Merchants & Farmers Mutual Casualty Co. v. Saint Paul-Mercury Indemnity Co.

Thomas Gallagher, Justice.

Plaintiff brings this action to recover from defendant one-half the amount plaintiff was required to pay as liability insurer on a policy of automobile insurance issued to and covering the car of Jennie Schullo. Plaintiff’s original liability accrued as the result of an action brought against Mrs. Schullo and her son, Millard, by one John A. Berglund, for injuries sustained when the latter Avas struck by the Schullo car.

This is the second trial of the action. The first was held in April 1942. At the close of the testimony at that trial the court directed a verdict…