American Casualty Co. of Reading, Pa. v. Windham

DEAVER, District Judge.

1. C. E. Havnaer, who controlled the Puritan Candy Company, and W. M. Allen, its salesman, who kept and used the company’s automobile involved in this case, testified that Allen’s personal usé of the car was expressly limited to Bibb County and that any trip out of the county was expressly prohibited, except when specific permission for any such trip was obtained in advance. I have not been able to accept that testimony, though there is no direct, positive testimony to the contrary. If the court is bound by that testimony, then the decree in this case is wrong, because…