Grain Dealers National Mutual Fire Insurance v. Missouri, Kansas & Texas Railway Co.

*345The opinion of the court was delivered by

Porter, J.:

The plaintiff insurance company issued a policy on an elevator owned by L. G. Murray, one of the defendants. The property was destroyed by fire set out by the defendant. railway company ip the operation of its road, and the plaintiff paid to Murray the sum of $2910 .on account of his loss. His actual loss exceeded the insurance by $1439.40. The policy contained the usual clause giving the company the right of subrogation where the loss has been occasioned by the wrongful act of another. The plaintiff when it settled with Murray took from him…