State v. Fidelity & Casualty Co.

The appellant in this case, in a former suit in which Arthur L. Bell and John F. Schwartz were defendants, recovered a verdict for $5,000, on which judgment was entered. On appeal the judgment was reversed as to Bell. The cause of action in that case was the accidental killing of the infant son of the equitable plaintiff by the automobile of Bell while being driven by Schwartz, and the question was whether Schwartz was the agent of Bell or an independent contractor. The case is reported as Bell v. State, use of Tondi, in 153 Md. 333.

Subsequently suit was brought by the appellant against the…