Metropolitan Casualty Insurance v. Clark

Tbe plaintiff corporation executed a policy of plate glass insurance on property abutting upon a highway. Tbe plate glass was broken by defendants’ team of horses, which, running away, dashed into the plate glass window. The plaintiff replaced the plate glass at an expense of $104, took an assignment of their right of action against the defendants from the owners of the plate glass window, and brought this action for damages, charging the defendants in two separate counts with trespass and with negligence. •

The jury by its verdict acquitted the defendants of negligence. There was, however,…