Quick-Way Truck Shovel Complany v. Great American Insurance Company

This is an appeal from a judgment for a subrogee-insurance company, in an action against a manufacturer to recover amounts paid to an injured employee of one of its insureds, based upon the claimed breach of warranty or negligent furnishing of articles, the failure of which caused injury, and resultant liability, to the employee.

The judgment is based upon an undisputed finding that the injury to the employee was proximately caused by the failure of a machine in the control of the subrogee’s insured, and upon the disputed factual resolution to the effect that the failure of the machine was due…