Yanago v. Aetna Life Insurance Co‪.‬

J. J. McMannaway and Fred McMannaway, partners, were engaged in the business of hauling stone in Norfolk county, and in it used their own trucks and trucks hired from others. For their protection they had taken out an insurance policy with the defendant company which gave protection both to them and to their motor vehicle drivers against personal injury. Among the trucks hired was one owned by Peyton Campbell. On January 3, 1932, it was in use by the partnership and was being driven by K. A. McMannaway, a brother of the partners but not a member of the partnership, and on the truck was its owner also, Peyton Campbell. Andrew Yanago stood by the roadside and was struck -- negligently, it is charged, -- and injured. In due course he recovered a verdict against these defendants for $5,000. They are insolvent and execution against them was unavailing. Thereafter this action, under authority of Acts 1924, page 504, was brought against the defendant insurance company.