American Fidelity & Casualty Co. v. Owensboro Milling Co.

SWINFORD, District Judge.

The plaintiff alleges that it was on December 5, 1952, the insurer of one Joe Fuqua, doing business as the Fuqua Bus Line, that Bessie Moore Evans, while a passenger on a bus belonging to Joe Fuqua, was injured. It is alleged that the facts out of which the injury grew were as follows: the defendant, the Owensboro Milling Company, was operating a truck traveling in the same direction and in front of the Fuqua bus on which Bessie Moore Evans was riding ; that a tire fell from the truck and caused the bus, upon striking it, to leave the road. The action of the bus in…