Malone v. City of Plainview

STOKES, Justice.

This is an action for damages to an automobile belonging to appellant, Dr. F. B. Malone, alleged to be the result of a collision between the automobile and a truck belonging to appellee, City of Plainview. Appellant, Texas National Insurance Company, carried a policy of insurance on the automobile and, under the terms of the policy, it paid to Dr. Malone the damages, less $50 deductible under the terms of the policy; took from him an assignment of the cause of action to the extent of the amount paid by it, and the Insurance Company, therefore, joined Dr. Malone as plaintiff in…