State Mutual Cyclone Insurance v. O & a Electric Cooperative

Plaintiffs’ subrogors were members and customers of the defendant, 0 & A Electric Cooperative. On May 10, 1961, because of a high voltage surge of electric energy supplied by defendant, cattle in their barns were destroyed. Plaintiffs paid their subrogors for their respective losses and instituted these actions on July 15, 1964.

The complaints filed alleged the existence of a contract between plaintiffs’ subrogors and the defendants, a breach thereof, damages sustained by reason of such breach, date of assignment of claim and prayer for judgment.

On July 24, 1964, defendant entered its…