Meador v. National Liberty Ins. Co. of America

HUTCHESON, Circuit Judge.

On the night of December 22, 1929, a bus collided with appellants’ truek which was then standing in or on the public highway. The bus was practically demolished. Appellee, the carrier of insurance on the bus, having paid its owners $3,250, became by the terms of the policy and an express assignment subrogated and entitled to their cause of action against appellants, the owners of the truek. This appeal has resulted from the verdict and judgment for $1,875 in their favor.

It was developed on the trial without contradiction that the truck was parked upon the paved part…