Dippel v. Hunt

BRIGHTMIRE, Presiding Judge.

Upon discovering plaintiff’s own insurance company had paid him for his burned up car, the trial court vacated a jury verdict awarding plaintiff the value of the car on the ground his insurance company, not he, was the “real party in interest”' — the only person or entity who could prosecute the action. Plaintiff challenges the legality of the ruling.

On a clear, crisp December day in 1970 defendant, Grace Hunt, set out to burn weeds and thistles inhabiting the wide, shallow, gently sloping highway right-of-way or bar ditch which adjoined her farmland along a…