Jackson v. State Farm Mut. Automobile Ins. Co.

KENNON, Justice.

On March 31, 1943, an automobile being backed out of his home garage by Carl E. Toler fatally injured plaintiffs’ minor son. Alleging negligence of the driver and that the defendant had issued a public liability policy covering the car, plaintiffs brought this suit directly against that company under Act 55 of 1930. After the district court and a majority of the Court of Appeal denied recovery on the ground that the company received no notice of the accident until eighty-two days after its occurrence, plaintiffs’ application for writs of review to this Court were granted.

Mrs.…