Waugh v. American Casualty Co.

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from an order sustaining a general demurrer to a third amended petition filed by a common carrier against his cargo insurer.

The facts to which the legal principles are to be applied must be gleaned from the petition.

Virgil Waugh is a common carrier by motor vehicle and holds a certificate to operate as such from the State Corporation Commission and the Interstate Commerce Commission. Waugh carried cargo insurance under a policy issued by the American Casualty Company.

The determination of this controversy will depend…