Pacific Fire Ins. Co. v. Smith

COLLINGS, Justice.

This case was brought originally by appellant, Pacific Fire Insurance Company, against Mack D. Smith and the Pepsi Cola Bottling Company of Brownwood, Texas, to recover $327.12 which the insurance company had paid Smith as the insurer of his car for damage thereto sustained in a collision with a track owned and operated by the Pepsi -Cpla Company. A-t the time of such payment, appellee Smith assigned and subrogated his claim for damages, to the extent of the payment, to appellant. Under the terms of the assignment ap-pellee agreed t.o promptly and diligently present claim…