Kooser v. West Penn Railways Co.

Morrow, J.,

— Plaintiff brought an action in trespass to recover for damage to his automobile caused by the alleged negligence of defendant. On the petition of defendant a rule was granted to show cause why Home Insurance Company should not be joined as a coplaintiff, the petition asserting that plaintiff has a policy of insurance with that company insuring him against loss to his automobile in excess of $50, which excess it had paid him, so that he had a claim for $50 only and that the company was the real party in interest as to the balance of the claim. In answer to the rule it was denied…