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SCHEVLING v. JOHNSON

Civ. A. Nos. 3807, 3900.

122 F.Supp. 85 (1953)

SCHEVLING v. JOHNSON et al. (FIDELITY & CASUALTY CO. OF NEW YORK et al., third-party defendant). McCANN v. JOHNSON et al. (FIDELITY & CASUALTY CO. OF NEW YORK et al., third-party defendant).

United States District Court D. Connecticut.

April 28, 1953.

Attorney(s) appearing for the Case

Samuel Engelman, Bridgeport, Conn., for plaintiff Shevling.

Walton E. Cronan, New Haven, Conn., for plaintiff McCann.

Daggett, Colby & Hooker, New Haven, Conn., Gumbart, Corbin, Tyler & Cooper, By Donald F. Keefe, New Haven, Conn., F. J. Moran, New Haven, Conn., for defendants Johnson et al.

HINCKS, District Judge.

The case against this third-party defendant (Fidelity & Casualty Company of New York) does not depend upon the substitution of one automobile for the automobile described in the policy. For the Packard automobile involved in the accident was the "described automobile" in the policy issued by this defendant. The basic question here was whether Toohey, who was driving the Packard when the accident occurred, could properly have been found...

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