SODAK DISTRIBUTING COMPANY v. WAYNE

No. 9660.

93 N.W.2d 791 (1958)

SODAK DISTRIBUTING COMPANY, Plaintiff and Appellant, v. Robert R. WAYNE, Defendant and Respondent.

Supreme Court of South Dakota.

December 30, 1958.


Attorney(s) appearing for the Case

John E. Burke and Acie W. Matthews, Sioux Falls, for plaintiff-appellant.

Davenport, Evans, Hurwitz & Smith, by Ellsworth E. Evans, Sioux Falls, for defendant-respondent.


RENTTO, Presiding Judge.

The principal question posed by this litigation is whether the general rule against splitting a cause of action is to be applied when a subrogated insurer is involved.

On February 3, 1955 a truck owned by the plaintiff Distributing Company and carrying a cargo of its merchandise was involved in a collision with defendant Wayne's vehicle. Its truck and cargo were both damaged. Insurance covering damage to the cargo had been furnished...

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