State Farm Mutual Automobile Insurance Company v. Harvey Thomas Smoot, Jr.

*333COLEMAN, Circuit Judge:

There is an old folk saying, the origin of which I know not, that “the third try is the charm”. The legal warfare represented by this litigation had its origin nearly twelve years ago; now it is before this Court for the third time. In the most recent trial, the subject of this appeal, the plaintiff-appellee, on a jury verdict, was awarded judgment in the sum of $65,787.60. The Judgment will be affirmed.

Sergeant Smoot was the insured in a State Farm general automobile liability policy carrying limits of $10,000 as to any one person, $20,000 as to any one accident, and…