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MARYLAND CASUALTY CO. v. CROSS

No. 9445.

112 F.2d 58 (1940)

MARYLAND CASUALTY CO. v. CROSS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1940.

Attorney(s) appearing for the Case

C. E. Kennemer, Jr., and Hoyet Armstrong, both of Dallas, Tex., for appellant.

Chandler Lloyd and Dallas C. Biggers, both of Dallas, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

John Cross, riding on a truck, struck his leg against the automobile of Kenneth E. Mason, which was standing in the twilight on the edge of the highway. Cross recovered a judgment for damages against Mason and then sued Maryland Casualty Company which had insured Mason against liability touching his automobile. The policy, however, provides: "Exclusions: This policy does not cover * * * (4) While the said automobile or automobiles are * * *...

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