Home Insurance Co. v. Allied Telephone Co.

J. Fred Jones, Justice.

Olin S. Payte sued Allied Telephone Company in the Pike County Circuit Court for property damages growing out of an automobile collision. Olin H Payte died during the pendency of the action and Home Insurance Company, who had paid the collision loss to Payte under tin insurance contract it had with him, was substituted as party plaintiff under -its subrogation agreement with Payte. A jury trial resulted in a judgment for Allied. Home Insurance has appealed and relies on the following points for reversal :

“That the Court erred in allowing the defendant to testify to…