Hume v. McGinnis

The opinion of the court was delivered by

Smith, J.:

This was an action brought in the name of an insured for the benefit of the insurer to recover from certain alleged tortfeasors the value of an automobile trailer which was destroyed by fire on account of the alleged negligence of the defendants and the full value of which was paid to the insured by the insurer. Judgment was for the defendants. Plaintiff appeals.

The petition alleged that the plaintiff had owned a house trailer and that it was insured against loss by fire; that it was destroyed through the negligence of defendants; that the…