Martin v. Shepard

The action below was commenced as a civil action, with the plaintiff seeking recovery for personal injuries claimed to have been sustained through the negligence of defendant’s decedent in providing improper equipment for use by plaintiff in driving decedent’s horse for him in a sulky race. The defendant was substituted as a party upon the death of the original defendant. The appellant here, Cooperative Fire Insurance Association of Vermont (hereinafter termed “Company”), sought and had leave to intervene, asking for a declaration as to whether it was obligated to defend the action under its…