ST. PAUL FIRE AND MARINE INSURANCE CO. v. SMITH

4 Div. 256.

194 So.2d 830 (1967)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. J. H. SMITH.

Supreme Court of Alabama.

February 2, 1967.


Attorney(s) appearing for the Case

Alto V. Lee, III, Wm. J. Baxley and Lee & McInish, Dothan, for appellant.

Joe C. Cassady, Enterprise, for appellee.


MERRILL, Justice.

This was an action on an insurance policy by J. H. Smith, doing business as Smith Lumber Company, for damages for the destruction of his truck. The jury returned a verdict for the plaintiff in the amount of $11,600 and judgment was rendered accordingly. From that judgment and a denial of its motion for a new trial, the defendant has perfected the instant appeal.

The facts, which are undisputed, are as follows: The motor vehicle allegedly...

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