Knight v. Calvert Fire Ins. Co.

ADAMS, Special Judge.

This cause comes to us on transfer from the Supreme Court, 260 S.W.2d 673.

Plaintiff-appellant brought suit on a $50 deductible automobile collision policy issued by defendant-respondent. The petition alleges damages to his automobile in the sum of $116.56 as a result of being struck by an automobile owned by one Hamilton. Recovery was sought for the amount of plaintiff’s car damages over the $50 deductible, attorney fees, vexatious refusal to pay and return of unearned premiums..

Defendant filed its motion to dismiss the petition on the ground that plaintiff had no cause…