Home Insurance v. New York Central Railroad

(for reversal). Plaintiffs, as subrogees of Lee Paper Company, instituted suit in the Kalamazoo county circuit court to recover damages for *63defendant’s negligence resulting in contamination of photographic paper pulp during shipment over defendant’s railroad.

The pretrial statement contained the following: •“The subrogation is agreed to, and if plaintiffs are 'entitled to judgment their damages are agreed to he $4,275.55.”

A jury verdict was returned for the stipulated .amount, and defendant appeals claiming (1) that the (evidence presented at the trial was not sufficient to .justify submission…