Horn v. Commonwealth Casualty Co.

The opinion of the court was delivered by

Bodine, J.

The trial judge directed a verdict in favor of the plaintiff for $4,746.65, and refused to direct a verdict in favor of the defendant. His1 action in these particulars is brought before us by proper assignments of error.

It appears that on September 8th, 1924, the plaintiff sued in tort Alexander Szumski and the Eagle Provision Company. The action grew out of the negligent operation of an automobile and was defended at the instance of the present defendant, the Commonwealth Casualty Company, by its attorney. After final judgment an execution…