Clendenin

This action was brought to recover damages alleged to have been suffered by plaintiff Clendenin by reason of injuries to his automobile, it being alleged that the damage was caused by the negligence of defendants Blase Brothers & Co., a corporation; Robert F. Benson and Chester N. Weaver, individually and as copartners, and Noble Wheeler.

Plaintiff Hartford Fire Insurance Company alleged a cause of action under the theory of subrogation, claiming to have been the insurance carrier of plaintiff Clendenin, and to have paid him the sum of $1625 under the terms of his policy.

A jury having been waived the action was tried before the court, and upon its findings judgment was entered in favor of the. insurance company and against Blase Brothers & Co., for $1125, which amount the court found was the extent of the damage; further, that neither plaintiff take anything against defendants Benson, Weaver or Wheeler.

Defendant Blase Brothers & Co. filed a notice of appeal from the whole judgment, and alleged that the .finding that the damage was caused by its negligence is unsupported and that the court erred in admitting certain evidence over objection.

Plaintiff Clendenin, the owner of…