GLADNEY, Judge.
This is an automobile accident case in which the Columbia Fire Insurance Company has instituted suit as subrogee of its insured, R. M. Sneed, after having paid the damages incurred by Mr. Sneed's Buick automobile.
The respondent, Robert D. Black, appellee herein, filed an exception of no cause or right of action, and an answer. After the Court had overruled the exception the parties entered into the following stipulation:
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