Lumbermens Mutual Casualty Co. v. Holmes

This is an appeal from a post-trial order denying a motion for a new trial or reconsideration of an order entered at the end of plaintiff’s case. The latter was an order granting defendant’s motion to dismiss after plaintiff, suing as subrogee of the lessee of an automobile allegedly damaged by negligence, had rested its case in a jury waived trial. Although the parties had stipulated that the plaintiff (appellant here), Lumber-mens Mutual Casualty Company, was the insurer of the company, Compugraphic Corporation, which operated the damaged vehicle, the court noted that the only evidence…