United States Fidelity & Guaranty Co. v. Guenther, 281 U.S. 34 (1930)

United States Fidelity & Guaranty Co. v. Guenther

No. 179

Argued January 23, 1930
Decided February 24, 1930
281 U.S. 34

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. A statute of Ohio prohibiting the employment of a child under 16 years of age to operate an automobile does not affect the validity of a municipal ordinance making it unlawful for any owner or bailee of a motor vehicle to permit a minor under the age of 18 years to operate the same upon the streets of the city. P. 36.

2. The term " fixed by law," as used in a provision of an automobile insurance policy exempting the insurer from liability where the automobile is operated by a person under the age limit fixed by law, held to include valid municipal ordinances as well as statutes. P. 37.

3. A municipal ordinance making it unlawful for any owner or bailee of a motor vehicle to permit a minor under the age of 18 years to operate the same upon the streets of the city held within the meaning of a provision of an automobile insurance policy exempting the insurer from liability where the automobile is being operated by any person "under the age limit fixed by law." P. 38.

31 F.2d 919 reversed.

Certiorari, 280 U.S. 540, to review a judgment against the insurer on an automobile insurance policy. The case was removed to the district court from a state court upon the ground of diverse citizenship. The court below affirmed a recovery in the district court.