MARYLAND CASUALTY CO. v. DALTON COAL & MATERIAL CO.

No. 13981.

184 F.2d 181 (1950)

MARYLAND CASUALTY CO. v. DALTON COAL & MATERIAL CO.

United States Court of Appeals Eighth Circuit.

September 8, 1950.


Attorney(s) appearing for the Case

John S. Marsalek, St. Louis, Mo. (Moser, Marsalek, Carpenter & Carter, St. Louis, Mo., on the brief), for appellant.

Howard B. Lang, Jr., Columbia, Mo. (Ralph L. Alexander and Alexander, Ausmus & Harris, all of Columbia, Mo., on the brief), for appellees.

Before GARDNER, Chief Judge, and THOMAS and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

An insurer sought a declaratory judgment against its insured, to the effect that its "Comprehensive Automobile Liability Policy," upon the insured's fleet of coal trucks, did not cover an accident which had occurred to a third party and the suit for personal injuries which resulted therefrom, when one of the insured's truck drivers allegedly failed to properly replace a manhole cover in a public sidewalk...

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