Hurt v. Merchants & Manufacturers Ins.

At about 8 o’clock on the night of April 3, 1948 plaintiff in error, Hurt, parked his automobile against the curb on the street in front of his home in Memphis. He returned at 12 o ’clock that night. His car was still there but during this interval it had been “damaged”, the damage being to the trunk, rear fender, tail pipe and light, and to the rear bumper which had been bent by whatever damaged the car.

Hurt had the car repaired at a cost of $59.50, and presented his bill for payment to defendant in error, Merchants & Manufacturers Insurance Company. His claim against the company was based…