Swift

Plaintiff sued upon a policy of insurance providing indemnity in the operation of a certain automobile. The cause was tried by the court without a jury. Plaintiff had judgment and defendant has appealed on typewritten transcripts.

While the automobile was being driven by plaintiff’s minor son a collision occurred. Suit was commenced against plaintiff for damages. The matter was settled and judgment was by consent entered against plaintiff for $1887. Plaintiff then sued defendant on her policy for this sum and obtained judgment in that amount.

The policy undertook to indemnify the plaintiff against loss from the liability imposed by law respecting bodily injuries “by any person or persons (except those persons referred to in the proviso entitled ‘Exclusions’) as a result of the ownership, maintenance or use of” the automobile. The paragraph entitled “Exclusions” provided that the policy should not cover in respect to an automobile while driven by any person under sixteeen years of age, or by any person under, the age fixed by law, or while driven in any race or speed test, or elsewhere than within the limits of the United States and Canada. A rider was attached to the policy…