SCHULTZ v. TENNESSEE FARMERS MUTUAL INSURANCE CO.


404 S.W.2d 480 (1966)

Herbert Michael SCHULTZ, by next friend, Marjorie Schultz, Plaintiff in Error, v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY, Defendant in Error.

Supreme Court of Tennessee.

June 8, 1966.


Attorney(s) appearing for the Case

Sam F. Fowler, Jr., and Hugh S. Guthrie, Knoxville, Fowler, Rowntree & Fowler, Knoxville, of counsel, for plaintiff in error.

Andrew Johnson, Knoxville, Kramer, Dye, Greenwood, Johnson & Rayson, Knoxville, of counsel, for defendant in error.


OPINION

WHITE, Justice.

This is an appeal from the decision of the Circuit Court of Knox County, entered upon a stipulation of facts. The issue involves whether a second permittee has implied permission from the owner-named insured of an automobile to use that automobile on a particular occasion, and is thus covered under the omnibus clause of the automobile insurance policy.

The stipulated facts are essentially as follows:

The plaintiff...

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