COMMERCIAL INSURANCE CO. OF NEWARK, N. J. v. GARDNER

Civ. A. No. AC-1075.

233 F.Supp. 884 (1964)

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, Plaintiff, v. Frederick GARDNER and Woodrow G. Wilson, Defendants.

United States District Court E. D. South Carolina, Columbia Division.

September 17, 1964.


Attorney(s) appearing for the Case

J. Monroe Fulmer, Columbia, S. C., for plaintiff.

Jack F. McGuinn, Luther M. Lee, Columbia, S. C., for defendants.


HEMPHILL, District Judge.

Complaint seeks relief, by way of declaratory judgment from liability for defendant Gardner, insured, or to defendant Wilson, third party injured in collision with insured. At non-jury hearing before the Court at the July Civil Term, Columbia Division, facts were undisputed leaving legal issues to be determined.

On July 6, 1962 defendant Gardner, patroling as a policeman on duty in the Eau Claire section of Columbia, South Carolina...

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