JOHNSON v. STATE FARM MUT. AUTOMOBILE INS. CO.

No. 14350.

194 F.2d 785 (1952)

JOHNSON v. STATE FARM MUT. AUTOMOBILE INS. CO.

United States Court of Appeals Eighth Circuit.

March 11, 1952.


Attorney(s) appearing for the Case

Hugh J. Boyle, Omaha, Neb. (Boyle & Boyle, Omaha, Neb., on the brief), for appellant.

C. F. Connolly, Omaha, Neb. (W. C. Fraser, Robert G. Fraser and Fraser, Connolly, Crofoot & Wentstrand, all of Omaha, Neb., on the brief), for appellee.

Before SANBORN, JOHNSEN and RIDDICK, Circuit Judges.


PER CURIAM.

We are asked to hold erroneous a declaration of Nebraska law made by the trial court, as well as its applicability to the evidentiary situation presented.

The action is one against an insurer, on a policy of automobile liability insurance, under its omnibus coverage clause, by the holder of a judgment against a third party for personal injuries — the third party, according to the findings of the court, having been using the automobile of...

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