Ellsaesser v. Mid-Continent Casualty Co.

The opinion of the court was delivered by

Fontron, J.:

This action was brought by the plaintiff, R. W. Ellsaesser, to recover damages resulting to his automobile from the alleged negligence of defendant, J. E. Arnold. Joined as defendants with Arnold were his employer, Amy Distributing Company, and Amy’s Insurance carrier, Mid-Continent Casualty Company, Inc.

An answer was filed by Amy alleging, among other matters, that plaintiff was not the real party in interest. Arnold and Mid-Continent filed both a joint answer denying liability and a joint counterclaim in which Arnold asked damages for…