Farm Bureau Mutual Automobile Ins. v. Alms & Doepke Co.

The plaintiff issued an insurance policy to one Ayers, insuring Mm against theft of and damage to his automobile. This automobile was parked on the defendant’s parking lot from which it was stolen and damaged by the thief before it was recovered. The plaintiff paid the insured the amount of the damage and this action was brought as assignee or subrogee to recover from the defendant the amount so paid. A jury was waived. The court, as trier of the facts, made a finding in favor of the defendant. The plaintiff’s motion for a new trial was overruled and judgment rendered on the finding in favor…