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BROWN v. FIDELITY & CASUALTY COMPANY OF N. Y.

No. 234.

86 S.E.2d 433 (1955)

241 N.C. 666

Robert BROWN, by and through his Next Friend, Paul Brown, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK.

Supreme Court of North Carolina.

March 23, 1955.

Attorney(s) appearing for the Case

W. H. McElwee, Jr., Trivette, Holshouser & Mitchell, No. Wilkesboro, for plaintiff appellant.

Patrick & Harper, Hickory, for defendant appellee.

WINBORNE, Justice.

The stipulations on which the ruling of the trial court was made to rest are manifestly insufficient to make a case for the jury.

Admittedly the main point at issue is whether or not the tractor described in the stipulations is covered by the insurance policy on which the action is based.

The automobile, described in the policy, is a "1948 Ford ½ T. Pickup Truck", and the purpose for which it is to be used is "Commercial". And...

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