GARDNER, Circuit Judge.
This is an appeal by defendant from a judgment holding it liable to plaintiff under an indemnity insurance policy issued by defendant on account of damages suffered by plaintiff as a result of an automobile accident. It will be convenient to refer to the parties as they were designated in the lower court.
On April 19, 1936, plaintiff sustained personal injuries while riding as a passenger in a 1928 Studebaker bus near Denton, Texas...
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