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

No. 5478.

155 F.2d 117 (1946)

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

Circuit Court of Appeals, Fourth Circuit.

May 8, 1946.


Attorney(s) appearing for the Case

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

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

Before GRONER, Chief Justice of U. S. Court of Appeals for District of Columbia, and SOPER and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

We are called upon to decide whether an automobile liability insurance policy issued to the Cab Company by the Casualty Company covers the Cab Company with respect to a judgment rendered against it in favor of a passenger in one of its cabs for an unprovoked assault and battery committed upon him by the driver of the cab. It is contended that, while the policy is broad enough to cover a claim by the passenger,

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