Bahn Ex Rel. Farm Bureau Mutual Automobile Insurance v. Shalev

QUINN, Associate Judge.

Farm Bureau Mutual Automobile Insurance Company (hereinafter called Farm Mutual) as use plaintiff of Ralph Bahn brought suit against defendant Shalev for the amount paid Bahn under an automobile policy indemnifying him against loss by collision or accident. It was stipulated at trial that the collision was caused solely by the negligence of defendant Shalev.

The material facts may be summarized as follows: In February 1952 a vehicle operated by Shalev collided with Bahn’s automobile and damaged it to the extent of $212.04. Farm Mutual paid Bahn that amount, less fifty…