Employers Mutual Casualty Company v. Hanshaw

RAWLINGS, Justice.

Plaintiff insurer reimbursed its insured for damages sustained as the result of a motor vehicle collision, and as subrogee brought action at law for recovery from alleged third party tort-feasor. Defendant alleged plaintiff’s right of action is barred under the compulsory counterclaim rule. On adjudication of law points, trial court held adverse to plaintiff. Subsequently defendant’s motion to dismiss was sustained and plaintiff appeals. We affirm.

There is no dispute between the parties as to the underlying factual situation involved.

May 12, 1964, a truck operated by Lyle'…