Jilka v. National Mutual Casualty Co.

The opinion of the court was delivered by

Allen, J.:

The plaintiffs, Rudolph R. Jilka and Josephine Jilka, his wife, brought separate actions against the defendant insurance carrier for personal injuries and property damage received in a rear-end automobile-truck collision. The cases were consolidated for trial, and judgment was entered for plaintiffs. Defendant appeals.

*538The defendant company carried the liability insurance on the Melton & Enright truck which was being operated under a contract carriers’ permit.

The collision occurred about noon August 9, 1938, on highway No. 40, west of Walker.…