Graves Truck Line, Inc. v. Home Oil Co., Inc.

The opinion of the court was delivered by

Price, J.:

This was an action by plaintiff and its insurer against defendant and its insurer to recover for property damage arising out of a collision of two trucks. Judgment was for plaintiffs, and defendants have appealed.

The collision occurred on the early morning of November 12, 1951. Jack Taylor was the driver of plaintiff’s truck, and Glen Davidson was the driver of the truck belonging to defendant. As a result of the collision Davidson was killed.

On November 27, 1951, Tri-State Insurance Company, plaintiff’s insurer, made a payment of $4,500 to…