Smith v. Republic Underwriters

The opinion of the court was delivered by

Hoch, J.:

Two separate actions to recover damages arose out of a collision between two trucks, one of which was owned by a permit holder under the motor-carrier act. Plaintiffs were different, but in both actions the defendants were the permit holder and his two insurance carriers. The actions were consolidated for trial and *306both plaintiffs prevailed. No appearance was made in this court for defendant McFadden. The appeal is by a defendant insurance company.

The substantive questions presented are whether the plaintiffs established a cause of action…