Roadbuilders' Hauling Co. v. Constitution Indemnity Co.

The opinion of the Court was delivered by

Circuit Judge W. H. Townsend, Acting Associate Justice.

This is an appeal from a judgment in favor of plaintiff Roadbuilders’ Hauling Company, assured, on an automobile liability insurance policy issued by defendant company, with reference to an automobile, used by the plaintiff and his servants in the transportation of materials and merchandise under a contract with the Carolina Contracting Company.

There was evidence tending to show that Willie Trues-dale, a day laborer employed by the Carolina Contracting Company, when at work on a state highway, was…