Bagley v. Lumbermens Mutual Casualty Co.

Sam Bagley, the plaintiff in error, sued the defendant in error insurance company in the. district court to recover $5,000. Trial by jury was waived. The trial court took evidence and entered its findings and judgment in favor of the company. That judgment is before us for review.

The alleged cause, of action arises indirectly out of an automobile accident. Bagley was driving along a highway near Denver, with his wife and daughter and a friend for passengers, when his car collided with another motor car. His daughter sued him on the ground of negligence and upon default a judgment for $10,000…