Fidelity & Guaranty Fire Corp. v. Silver Fleet Motor Express, Inc.

BOULDIN, Justice.

This appeal presents for review the sufficiency of special pleas of res adjudicata. Demurrers thereto were overruled. Plaintiff, declining to plead further, took a non-suit, and appeals.

The case made by the pleadings is briefly this:

A motor truck and also the cargo being transported thereon were destroyed or injured in a collision with another motor truck on the highway. The owner of the injured truck also owned the cargo. He carried insurance covering such loss upon the cargo, but not covering loss upon the truck. The insurer adjusted and paid the loss upon the cargo. The…