American Automobile Insurance v. Clark

The opinion of the court was delivered by

Dawson, J.:

This was an action by the plaintiff insurance company against defendant by whose negligence it had to pay a policy *446of insurance covering a collision of automobiles. Plaintiff’s claim was based upon its subrogation to the rights of the insured.

The material facts were these: One A. L. Richardson had a Studebaker automobile which needed some overhauling and he took it to defendant’s garage and machine shop1 for repair. One of defendant’s employees took the car out of the workshop to test it and drove it at high speed along a street and road…