Schultz v. Tennessee Farmers Mutual Insurance Co.

This is an appeal from the decision of the Circuit Court of Knox County, entered upon a stipulation of facts. The issue involves whether a second permittee has implied permission from the owner-named insured of an automobile to use that automobile on a particular occasion, and is thus covered under the omnibus clause of the automobile insurance policy.

The stipulated facts are essentially as follows:

The plaintiff, Herbert Michael Schultz, on March 15, 1964, was riding as a passenger in an automobile owned by Mrs. J. H. St.John, of Morrison, Tennessee. On said date, the automobile was involved…