Travelers Indemnity Co. v. Hendry Corp.

TATE, Judge.

A tractor owned by Floyd O. Crawford was burned while in the possession of the *675Hendry Corporation. Crawford’s fire insurer, as subrogee, sues Hendry in tort to recover the damages caused by the fire. The trial court held that the tractor loss resulted from the negligence of Hendry’s employee who was operating the tractor at the time. Hendry appeals from judgment assessing it with damages of fifteen thousand dollars.1

Upon appeal, Hendry’s principal contentions are: (1) Daniel, the negligent operator, was an employee of Crawford, the plaintiff’s insured, and not of Hendry — so that…