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SCHEVLING v. JOHNSON

Civ. Nos. 3807, 3900.

122 F.Supp. 87 (1953)

SCHEVLING v. JOHNSON et al. (FIDELITY & CASUALTY CO. OF NEW YORK et al., third-party defendant). McCANN v. JOHNSON et al. (FIDELITY & CASUALTY CO. OF NEW YORK et al., third-party defendant).

United States District Court D. Connecticut.

April 28, 1953.

Attorney(s) appearing for the Case

Samuel Engelman, Bridgeport, Conn., for plaintiff Schevling.

Walton E. Cronan, New Haven, Conn., for plaintiff McCann.

Daggett, Colby & Hooker, New Haven, Conn., Gumbart, Corbin, Tyler & Cooper, by Donald F. Keefe, New Haven, Conn., F. J. Moran, New Haven, Conn., for defendants Johnson et al.

HINCKS, District Judge.

The verdict against this third-party defendant (Liberty Mutual Insurance Company) imports a finding that within the meaning of the policy issued by the defendant the Packard car belonging to Mrs. Johnson was "a substitute for the described automobile" — i. e., the Chevrolet jointly owned by Ruppert Johnson, the named insured, and Charles, his son. There was ample evidence to support that finding.

The verdict also imported a finding...

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