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FIDELITY AND CASUALTY COMPANY OF NEW YORK v. REECE

No. 5053.

223 F.2d 114 (1955)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Appellant, v. James REECE, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 22, 1955.

Attorney(s) appearing for the Case

Edgar Fenton, Oklahoma City, Okl. (Elliott C. Fenton, Oklahoma City, Okl., on the brief), for appellant.

Jack Cummins, Lawton, Okl. (Bill Logan, W. W. Godlove and Jack Brock, Lawton, on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

In this garnishment action, Appellee James Reece seeks to impose liability for personal property damage under an automobile liability insurance policy issued by Appellant, The Fidelity and Casualty Company of New York to Harry Poston, dba Poston Construction Company.

Reece sustained damages from the negligent operation of a truck engaged by Poston to haul gravel in the course of his construction business for a specified sum per load...

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