Liberty Mutual Fire Insurance Co. v. Hubbard

The plaintiff, subrogated to the rights of its insured, Farm Machinery, Inc., brought this action to recover $14,000 which it paid for the insured’s combine equipment destroyed by fire. Plaintiff’s complaint alleged two grounds for recovery in separate counts: (1) common law bailment; (2) a written contract for rental of the combine. The trial court granted defendants’ motion for involuntary nonsuit as to the second count and submitted the case to the jury on the first count. Judgment was entered in favor of defendants on the jury’s verdict, and plaintiff appeals.

Plaintiff first contends that…