Home Insurance Company v. Hamilton

SWINFORD, Chief Judge.

This diversity action comes before the court on the plaintiff’s motion for partial summary judgment under Federal Rule of Civil Procedure 56 on the question of defendant’s liability. Interrogatories have been propounded upon the plaintiff, depositions have been taken from the defendant and the two material witnesses, and briefs have been filed by both parties.

On January 1, 1960 the defendant Joel Hamilton entered into a renewal lease with the plaintiff’s insured E. P. Woods for a Gulf Service Station at Camp Nelson, Kentucky. The lease provided for monthly rental and was…