Westland Oil Co. v. Firestone Tire & Rubber Co.

GARDNER, Circuit Judge.

This was an action for damages brought by appellant Westland Oil Company against appellee, Firestone Tire and Rubber Company, to recover damages resulting from a fire which it was alleged had been caused by the negligence of the Firestone Tire and Rubber Company. Appellants Hardware Mutual Insurance Company of Minnesota and Indiana Lumbermen’s Mutual Insurance Company became plaintiffs by intervention on the basis of subrogation to a part of the Westland Oil Company’s alleged damages because they had paid Westland Oil Company fire insurance covering a part of such fire…