Ellis Canning Co. v. International Harvester Co.
Kansas Supreme Court
255 P.2d 658 (Kan. 1953)
The defendant was servicing the plaintiff’s tractor when the defendant allegedly negligently started a fire in the tractor that caused damages. The plaintiff was insured by The Potomac Insurance Company (Potomac) and recovered the amount in damages from Potomac. The plaintiff then brought a negligence suit against the defendant seeking to recover the amount of damages from the defendant “for the use and benefit of the insurance company.” The defendant answered, charging that since the plaintiff was paid already by Potomac and was seeking recovery for Potomac, Potomac was the real party in interest and the plaintiff had no right to maintain the action. The plaintiff moved to strike that part of the answer and the motion was denied by the trial court. The plaintiff appealed.
Rule of Law
Holding and Reasoning (Parker, J.)