Hertzel v. Western Mutual Fire Insurance

This is an action on an automobile collision insurance policy to recover for damages to plaintiff’s automobile resulting fr6m its upset on a public highway. The defendant insurance company filed a demurrer to the petition on the ground that the petition did not state a cause of action. The’trial court overruled the demurrer and the defendant elected to stand thereon. The trial court then entered judgment for $368.52 and costs, including an attorney’s fee of $75. The defendant appeals from this judgment.

The petition alleges that on March 31, 1941, while plaintiff’s automobile was being driven…