Western Indemnity Co. v. Wasco Land & Stock Co.

This appeal is taken from a judgment entered in favor of the plaintiff against the defendant corporation for the sum or $2,727.50. The recovery was awarded because of injuries suffered by one Austin through the alleged negligence of defendant corporation. Austin was employed by a laundry company doing business in and about the city of Bakersfield, and, while engaged in his employment as a driver of a motor vehicle, suffered the injuries for. which compensation was allowed. The plaintiff, Western Indemnity Company, was the insurance carrier for the laundry company employer, and assumed the liability of the latter toward the employee. Upon making such assumption of liability it became subrogated to the rights of the insured, which included the right to bring action against the corporation alleged to have been at fault.

The contentions advanced by appellant in the brief of its counsel are: (1) The verdict of the jury was not warranted by the evidence; (2) that the court erred in rulings upon the introduction of evidence; (3) that the court erred in its instructions to the jury. A consideration of the first proposition requires a brief statement to be made of the evidence offered in…