D. & D. Planting Co. v. Employers Casualty Co.

HARDY, Judge.

This is an action by plaintiff partnership for the recovery of property damage sustained by a farm tractor and an ammonium nitrate fertilizer machine as the result of an automobile collision. Joined as a party plaintiff is Fidelity Phenix Fire Insurance Company, which seeks recovery of the amount paid for damage to the tractor, which it had insured. The appeal is from a judgment rejecting plaintiff’s demands.

This is a companion suit to, and was consolidated with, the suit of Edwards v. Employers Casualty Co., 121 So.2d 540. The facts are set forth in the opinion of the…