State Farm Mutual Automobile Insurance Co. v. Hartman

EDWARD N. SCRUGGS, Retired Circuit Judge.

This appeal solely concerns a monetary judgment for towing and storage charges upon a stolen automobile. We omit all other aspects of the case since they are not issues.

Mr. Hartman sued State Farm for the recovery of wrecker and storage charges as to a 1979 Mercury Cougar automobile. A contested non-jury trial was held. In viewing the testimony through the eyes of the ore tenus rule, the following evidence is pertinently revealed.

On October 5, 1982, the automobile was stolen in Mobile from the original owner, who was insured against such a loss by…