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AMERICAN FIRE AND CASUALTY COMPANY v. BRAMLETT

No. 16903.

253 F.2d 218 (1958)

AMERICAN FIRE AND CASUALTY COMPANY, Appellant, v. Charles E. (Charley) BRAMLETT et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 4, 1958.

Attorney(s) appearing for the Case

H. A. Stephens, Jr., Palmer H. Ansley, Atlanta, Ga., Smith, Field, Doremus & Ringel, Atlanta, Ga., of counsel, for appellant.

Cecil D. Franklin, Marson G. Dunaway, Jr., Rockmart, Ga., for appellees.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

Bramlett was the Assured under a standard automobile liability policy issued by the Insurer covering his pick-up truck. Mrs. Hulsey was injured when she fell from or was thrown off the truck as the Assured was attempting to get the truck out of a ditch. By its suit for declaratory judgment against both Assured and the Hulseys as potential damage claimants, the Insurer sought a determination of non-liability on the sole ground that Mrs...

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