Handley

An action to recover for injuries to plaintiff’s automobile caused by defendant’s negligence.

A trial by jury having been waived, the cause was tried by the court.

Damages were allowed by the court for the alleged cost of towing the automobile to a repair-shop and the cost of repairs, a total of $512.05.

Defendant has appealed from the judgment which was entered against him for the above amount. He contends .that the finding as to the first item is unsupported; further, that the plaintiff was insured against loss, and that the cost of repairing the car was paid by the insurance company ; that the latter consequently became subrogated to that extent to plaintiff’s right of action, and that the evidence was insufficient to show that this right was assigned to the plaintiff.

The claim for towage consisted of two items, one for $8 and the other for $9.60. It was stipulated that the first was correct. As to the second, defendant denied that the amount had been expended as claimed, and no evidence on the issue was adduced.

There was offered and admitted in evidence a writing purporting to assign to plaintiff the insurance company’s claim against the defendant, but the authority of…