American Road Insurance v. Glynn

SAVOY, Judge.

This suit arises from a collision between vehicles driven respectively by Gerald Thomas and by Mrs. Alice Glynn. Thomas’ collision insurer sues as his sub-rogee to recover for property damage to his vehicle. Mrs. Glynn and her husband are impleaded as defendants. The plaintiff insurer appeals from the dismissal of its sub-rogation suit.

After damages were stipulated, the plaintiff rested after introducing only the testimony of its insured, Thomas. The defendants immediately rested also, suggesting that the plaintiff had not proved that Mrs. Glynn’s negligence, if any, was the sole…