Shellabarger v. Jacobs

This appeal is presented on an agreed statement of the facts submitted and procedure adopted in the trial court.

The case grows out of an automobile accident.

Plaintiff will be referred to as “Shellabarger,” The Michigan Pire and Marine Insurance Company as “Mich. Ins. Co.,” the defendant as “Jacobs,” and Union Indemnity Company as “Indemnity Co.”

On June 13, 1940, the automobiles of Shellabarger and Jacobs collided with each other while traveling in opposite directions. Shellabarger carried insurance in the Mich. Ins. Co., with $25 deductible. Jacobs carried insurance in the Indemnity Co.

On…