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CASE v. FIDELITY & CASUALTY CO.

No. 5217.

105 N.H. 422 (1964)

HILDA CASE v. FIDELITY AND CASUALTY COMPANY OF NEW YORK & a.

Supreme Court of New Hampshire.

Decided July 1, 1964.

Attorney(s) appearing for the Case

Hall, Zellers, Morse & Gallagher (Mr. Mayland H. Morse, Jr. orally), for the plaintiff.

Sulloway, Hollis, Godfrey & Soden and Charles F. Sheridan, Jr. (Mr. Sheridan orally), for Fidelity and Casualty Company of New York.

Devine, Millimet, McDonough, Stahl & Branch for New Hampshire Fire Insurance Company, furnished no brief.

LAMPRON, J.

On December 20, 1960, a very cold morning, Hilda Case's car would not start. She called Pep's Service Station and her automobile was towed from her home to the station where it was determined that the starter was frozen and the battery very low. When informed of the condition of the battery, she asked Peppin to charge it to insure the start of her car when she left work that evening. She then drove out her car...

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