Mobile & Ohio Railroad v. Mathis

*48Opinion op the Court by

William Rogers Clay, Commissioner

Reversing.

J. A. Mathis and the Continental Insurance Company brought suit against the Mobile & Ohio Railroad Company to recover damages for the destruction by fire of a barn and contents owned by Mathis. At the time of the fire the barn was insured in the Continental Insurance Company, which paid to Mathis the sum of $1,106.65, and the insurance company sought a recovery to that extent on the ground that it had been subrogated to the rights of Mathis. The jury returned a verdict in favor of plaintiffs for the sum of $2,000.00. The…