Wheeler v. American Fidelity & Casualty Co.

HOLMES, Circuit Judge.

The appellant, T. W. Wheeler, owned and operated the Winton Truck Lines; and had a state-wide franchise from the Railroad Commission of Texas to transport freight and commodities for the United States. Having declared an intention not to operate as a common carrier, he was granted a permit to act as a contract motor carrier, using any and all highways in the State of Texas, but prohibited from transporting any commodities except on order of the Government.

Appellant carried with the appellee public liability insurance against claims for personal injuries and property…