Hartford Accident & Indemnity Co. v. J & S Sewer Construction Co.

NORWIN D. HOUSER, Special Judge.

Hartford Accident and Indemnity Company recovered a judgment for $5,000 in its suit for subrogation against J & S Sewer Construction Company and Fee Fee Trunk Sewer, Inc. Defendants’ motions for a new trial were sustained. Hartford appealed.

A new trial was granted for failure on the part of Hartford to make proof in four respects, which we consider in order.

First, failure to present evidence of plaintiff’s corporate entity. In its amended petition plaintiff alleged its corporate existence. Defendants’ answers stated they did not have sufficient information to…