St. Paul Fire Marine Insurance Co. v. Dowdell

PRICE, Judge.

The plaintiff, St. Paul Fire & Marine Insurance Company, a corporation, sued to recover damages resulting from a collision between the automobile of its insured, Wesley Johnson, and a motor vehicle belonging to defendant. Plaintiff alleges it has paid in behalf of its insured $550 for property damage under the provisions of the policy and that it has become subrogated to the extent of such payment and brings this suit by way of subrogation.

Defendant interposed pleas of res judicata. The court overruled demurrer to the pleas. Plaintiff took a nonsuit, Title 7, Sec. 819, Code 1940,…