Waters Ex Rel. Commercial Casualty Insurance v. Schultz

Dudley H. Waters brings this suit against the defendant, and seeks to recover damages from the defendant for the benefit of the Commercial Casualty Insurance Company of Newark, New Jersey, by whom the plaintiff was insured, such claim being on account of damages which the plaintiff claims to have sustained when his automobile was struck by the defendant’s automobile. Mr. Schultz denied liability and made a claim for damages to his automobile when it collided with the plaintiff’s automobile. The trial judge eliminated the latter claim because he thought defendant was negligent as a matter of…