National-Ben Franklin Fire Ins. Co. v. Woolcott

This appeal on questions of law was taken from an order sustaining a demurrer to a cross-petition and a judgment dismissing it.

The action started as one for property damage allegedly caused by the negligence of the defendant in a collision of his automobile at- a highway intersection with that of the plaintiff, Ernest Warner, with whom plaintiff, National-Ben Franklin Insurance Company, had a subrogation contract. Their petition was filed September 17, 1947.

November 29, 1947, plaintiff, Ernest Warner, died and Clara V. Warner was appointed administratrix of his estate. December 18, 1947, as…