New York Underwriters Ins. v. Louisville & N. R.

Opinion op the Court by

Sims, Commissioner

Reversing.

George K. Pepper, a farmer 82 years of age, and his tenant, Ed Igo, jointly owned a crop of tobacco of the undisputed value of $1,700, which they had insured with the appellant, New York Underwriters Insurance Company, for $625. The policy contained a provision subrogating the insurance company to the right of the insured against any third person who might bring about a loss of the insured’s property by fire. The tobacco-was burned on September 16, 1931, through the alleged negligence of the appellee, Louisville & Nashville Railroad Company,…