St. Paul Fire & Marine Insurance v. Hines

*5The opinion of the court was delivered by

Porter, J.:

A'fire caused by sparks escaping from an engine on the Union Pacific railroad destroyed a moving van or truck belonging to Park Hetzel. The insurance company paid him $1,400, which was the amount of loss covered by a policy held by him, and under the subrogation clause of the policy, brought this action against the director-general of railroads and the railroad company to recover the amount paid. Hetzel, being joined as a defendant and asked to set up any claim he might have, filed a cross-petition claiming damages to the amount of $105.50…