Farm Bureau Mutual Automo Bile Insurance Company v. Charles E. Bascom, Robert E. Bascom and Albin Boroski

HAND, Circuit Judge.

This appeal is from a judgment in an action based upon diversity of citizenship, declaring the plaintiff not liable upon two accident liability policies. Judge Smith found the facts as follows. The defendants, Charles Bascom, and Robert, his son, owned motorcars, on each of which the plaintiff had issued an accident insurance policy. A friend, named Boro-ski, the two Bascoms and two other friends had been at a race track, and all five were, going back home in the son’s car. On the way the car left the roadway and collided with a bordering fence. Boroski’s arm, which…