Peoria Marine & Fire Insurance v. Frost

Citations

• 37 Ill. 333

Syllabus

<p>1. Remedy—in whose name it must he sought. When an injury is done to property, the remedy must be sought, in the courts of common law, by some person who has an estate in the property, legal or equitable, which the law recognizes.</p> <p>2. Insurance — right of insurer. Where insured property has been burned by the carelessness of a railway company, and the insurance company has paid the loss, it cannot maintain an action in its own name against the railway company. The suit must be brought in the name of the owner of the property for the use of the insurer.</p> <p>3. Same. Although a different rule may be applied in cases of marine insurance, it rests upon the doctrine of abandonment, and subrogation of the insurer to the rights and title of the insured, a doctrine which has no existence in cases of fire insurance.</p> <p>4. New trial. Where the action is not maintainable, in any view of the evidence, the judgment will not be reversed because the court directed the jury to find for the defendant, though such instruction was wrong in form.</p>