Stuart v. Gleason McKenney

Alleging damages to himself totaling $18,500.00 as a result of injury received while he was a passenger in a 1937 Dodge pick-up truck which was involved in a collision on December 4, 1945, with a large gasoline tank truck, plaintiff filed this suit against the owners of the tank truck and their insurer, to the extent of its public liability coverage. In the alternative, and in the event the tank truck driver was found free of negligence, the petition asked for judgment against the liability insurer of the Dodge truck, to the extent of its policy coverage.

The petition charged the driver of the…