TRI-STATE INSURANCE COMPANY v. HERZER

No. 36213.

279 P.2d 329 (1954)

TRI-STATE INSURANCE COMPANY, Plaintiff in Error, v. H.P. HERZER and Gilbert Lee Engle, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied January 25, 1955.


Attorney(s) appearing for the Case

Hudson, Hudson & Wheaton, Tulsa, for plaintiff in error.

Collins & Moore, Sapulpa, C. Lawrence Elder, Joe Francis, Tulsa, for defendant in error H.P. Herzer.


O'NEAL, Justice.

The ultimate issue here is whether the Tri-State Insurance Company under its contract of indemnity insurance with Pearl Parker, the assured, must comply with the judgment of the trial court.

On the 22nd day of November, 1951, H.P. Herzer was walking across the intersection of 12th Street and Florence Avenue in the City of Tulsa, Oklahoma, at which point he was struck by an automobile operated by Gilbert Lee Engle, resulting in certain physical...

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