Propeck v. Farmers' Mut. Ins. Ass'n of Grayson County

LOONEY, Justice.

In its second motion for rehearing, appel-lee contended that, to the extent of the damages 'collected by appellant from the Missouri-Kansas & Texas Railroad Company, whose alleged negligence caused the destruction of the insured property, appellee would be entitled to relief from liability on the judgment in favor of appellant.

Neither the issue of subrogation nor .the right to an offset was pleaded in the court below, the matter being called to our attention for the first time in appellee’s second motion for rehearing. However, appellant had seemingly recognized appellee’s…