District Court, E.D. South Carolina September 11, 1954, Civ. 3970 (Continental Casualty Co. v. Padgett)

WYCHE, District Judge

(sitting by designation).

On September 1, 1954, an Order was filed overruling the plaintiff’s motion for judgment notwithstanding the verdict. This opinion is filed to set forth the reasons for that Order.

This is an action for a declaratory judgment, in which the plaintiff insurer seeks a determination that one Taylor, who was driving a truck of its insured, Boineau’s, Inc.