Packer v. Travelers Insurance

BROCK, Chief Judge.

The evidence offered by plaintiff failed to establish that James McCrimmon was operating the truck with the permission of the insured owner to drive on the very trip and occasion of the collision. We agree with the trial judge in his conclusion with respect to plaintiff’s failure to show permission. Nevertheless, in our opinion the failure of plaintiff to offer evidence of permission to drive on the very trip and occasion of the collision is not fatal to plaintiff’s case. Plaintiff’s evidence was sufficient to justify a verdict finding that James McCrimmon was in lawful…