Merchants Mutual Casualty Co. v. Smith

The motion of the defendant, American Employers’ Insurance Company, hereinafter called the defendant, for rulings of law upon the issues presented at the trial, was properly denied. The evidence clearly established the fact that there were two persons in the truck at the time of the accident, namely, the deceased and the defendant Fred Wiggin. The Presiding Justice reports that “the evidence as to which of the parties was operating the truck was in conflict.” An examination of the record indicates that this is not an overstatement of the fact, and it follows that this issue was properly…