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Civil Procedure Keyed to Friedenthal
Ellis Canning Co. v. International Harvester Co
Facts
Plaintiff Ellis Canning Company was insured by its insurance company under a policy containing a subrogation clause. Plaintiff alleged that Defendant International Harvester Company negligently started a fire and damaged Plaintiff’s tractor that was insured under the policy. Plaintiff recovered for the loss under the policy from its own insurance company. Plaintiff then sued Defendant on behalf of the insurer alleging negligence. Defendant denied the allegations and moved to dismiss on the grounds that Plaintiff was not a real party in interest. The trial court dismissed the case.
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