Reserve Insurance Co. v. Foster

The defendant made an oral motion to dismiss the petition on two grounds. The first ground was based on the contention that the plaintiff failed to allege the amount of damages to his automobile. The petition alleged the actual cash value of the automobile immediately before and after the collision and these were the only allegations necessary to show the amount of damages to the automobile.

The second ground of the motion stated that the plaintiff did not allege that the automobile was a total loss as a result of the collision. It was not necessary that the plaintiff allege that the…