Ellis Canning Co. v. International Harvester Co.

The opinion of the court was delivered by

Parker, J.:

This was an action by an insured for the use and benefit of the insurer to recover the amount of a fire loss from a thud party for alleged negligence causing such loss. The appeal is from rulings of the trial court on plaintiff’s motion to strike and its demurrer to the third paragraph of the defendant’s answer.

The facts of the case are of little importance to a decision of the issue involved and there is no dispute between the parties regarding the contents of the pleadings which can be stated in summary fashion.

In its petition plaintiff…