Vanderford v. Smith

Stukes, Chief Justice.

The principal question in this appeal is the propriety of impleading the insurer of the plaintiff as a defendant to the counterclaim of the original sole defendant.

*450The complaint alleges a cause of action for damages incurred in an automobile collision in the city of Union. In addition to the usual defenses the answer contained a counterclaim in which it was alleged that plaintiff is engaged in the taxicab business and that his automobile which was involved in the collision was in use as a taxicab on that occasion, and further as follows:

“4. That, under the ordinances of…