Tucker

Plaintiff herein, having insured a business firm against loss which might be sustained by reason of collisions occurring between motor-trucks operated by it and other vehicles, brought this action to recover damages from the defendants. A truck belonging to the insured collided on a public highway with a truck belonging to defendant J. P. Tucker. The former’s truck was damaged in an amount in excess of seventeen hundred dollars, which amount the insurer paid and thereby, under the terms of its policy, acquired the right to bring this action. The judgment of the court was in favor of defendants, from which judgment plaintiff appealed.

[1] It is contended upon this appeal that there was ample evidence submitted by the plaintiff to show that the' accident was caused through the negligence of Tucker’s driver, and that there was no substantial evidence introduced in contradiction thereof. Briefly stated, the contention of appellant is that there was no conflict presented by the evidence and hence that the court was left without judicial discretion entitling it to determine the case in the manner it did. We have carefully examined the record, which exhibits the testimony introduced by…