Whitaker v. Coleman

HUTCHESON, Circuit Judge.

The first of the above numbered causes was a suit brought against the owner and the driver of an automobile for death damages. The second was a suit for declaratory-judgment, that it wa's not liable as insurer, brought by the insurer on a policy covering the owner as named insured and “any person while using the automobile * * * with the permission of the named insured.” Appellant was plaintiff in the first, defendant in the second, of the above numbered causes, and in both cases he seasonably made his demand for a jury. The insurance company as the plaintiff in the…