Employers Liability Assur. Corp. v. Groninger & King

DIXON, Chief Justice.

Appellees, plaintiffs in the trial court, filed suit against appellant on two insurance policies, seeking to recover for damages sustained when a caterpillar tractor owned by appellees fell off a trailer truck or float, also owned by appellees. Trial was to a jury, but at the conclusion of the testimony the trial court instructed a verdict in favor of appellees for $1893.30, which the parties had agreed was the amount of the damages sustained by the caterpillar tractor.

The only’ witness who testified as to how the accident occurred was one of appellees’ employees. He…