HUNTINGTON CAB CO. v. AMERICAN FIDELITY & CAS. CO.

No. 271.

63 F.Supp. 939 (1945)

HUNTINGTON CAB CO. v. AMERICAN FIDELITY & CASUALTY CO., Inc.

District Court, S. D. West Virginia.

December 29, 1945.


Attorney(s) appearing for the Case

E. A. Marshall and Jackson N. Huddleston, both of Huntington, W. Va. (Fitzpatrick, Strickling & Marshall, of Huntington, W.Va., on the brief), for plaintiff.

John E. Jenkins, of Huntington, W. Va., for defendant.


HARRY E. WATKINS, District Judge.

American Fidelity and Casualty Company insured a fleet of taxicabs owned and operated by Huntington Cab Company to cover bodily injury to persons, accidentally received by reason of the ownership, maintenance or use of such cabs. Chester Melba, a driver of one of these cabs, carried McCallister, a passenger for hire, to the garage of the cab company where the driver, without any provocation or reason whatever, and without knowledge...

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