Sims v. Ainsworth

HARDY, Judge.

This suit was instituted by plaintiff, Sims, and his collision insurer, South Texas Lloyd’s, for the recovery of damages to the former’s automobile sustained as the result of a collision with a mule owned by defendant Prior to trial Sims dismissed his suit and 'the case comes before us on appeal by the defendant insurer from a judgment rejecting its demands.

The basis of plaintiff’s claim rests upon the allegations of the petition, sustained by proof on trial, that the automobile driven by the twenty-two year old son of the insured struck the Ainsworth mule at a late hour of the…