Civil Procedure Keyed to Friedenthal
Ellis Canning Co. v. International Harvester Co
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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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