Long v. American Employers Insurance

The opinion of the court was delivered by

Harvey, J.:

This was an action for damages for personal injuries sustained by plaintiff in the collision of two trucks, alleged to have resulted from the negligence of the driver of the other truck, whose insurer was made a defendant. The jury answered special questions and returned a verdict for $1,887.30. The insurer has appealed and contends, (1) that plaintiff was guilty of contributory negligence as a matter of law, and (2) that plaintiff is not the real party in interest, for which reason he could not maintain the action.

The pertinent facts may be…