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MARYLAND CASUALTY CO. v. RICKENBAKER

No. 5296.

146 F.2d 751 (1944)

MARYLAND CASUALTY CO. v. RICKENBAKER et al.

Circuit Court of Appeals, Fourth Circuit.

December 15, 1944.

Attorney(s) appearing for the Case

R. Beverley Herbert, of Columbia, S. C. (Herbert & Dial and Geo. L. Dial, Jr., all of Columbia, S. C., on the brief), for appellant.

John F. Williams and John E. Stansfield, both of Aiken, S. C. (Williams & Busbee, of Aiken, S. C., and Charles B. Elliott, of Columbia, S. C., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and HARRY E. WATKINS, District Judge.

SOPER, Circuit Judge.

This action is based on an insurance policy of the Maryland Casualty Company which insured A. W. Layton against liability for damages for bodily injury sustained by any person and caused by accident in the use of an automobile covered by the policy. C. P. Rickenbaker recovered a judgment in the state court for $2591 against Layton and against Frank Smith, an employee of Layton, for injuries sustained while riding in the car when it was in charge...

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