Trinity Universal Insurance v. Farmers Co-Operative Exchange

The opinion of the court was delivered by

Thiele, J.:

Plaintiff appeals from a ruling and judgment sustaining a demurrer to its amended petition.

Neither the abstract nor counter-abstract disclose any filing dates hut do disclose that plaintiff commenced an action to recover moneys paid by it to its policyholders for losses allegedly resulting from negligence of the defendants, and as result of a motion to make definite and certain, filed an amended petition. At sometime defendants filed a motion to require the plaintiff to elect whether it claimed under the doctrine of res ipsa loquitur or…