Southern Ry. Co. v. Blunt & Ward

Citations

• 165 F. 258
• 1908 U.S. App. LEXIS 5368

Syllabus

<p>1. Indemnity (§ 0*) — Construction and Validity of Contract — Loss Through Negligence of Beneficiary.</p> <p>Plaint iff railroad company granted to defendants tlio right to build and maintain on its right of way a platform for shipping cotton, the contract providing that defendants should indemnify it against all loss or injury by reason of the structure caused by fire or otherwise, however resulting. Cotton idled on the platform took fire and burned, and the owners recovered for the loss from plaintiff on. the ground that the fire was caused by its negligence or that of its servants. HelO, that such fact did not preclude a recovery over from defendants on their contract of indemnity, but that sucii loss was within its terms and the contract valid and not contrary to public policy, since it was not made by plaintiff in its capacity as a common carrier.</p> <p>[Ed. Note. — -For other cases, see Indemnity, Dec. Dig. § 9.*]</p> <p>2. Insurance (§ 606*) — Subrogation of Insurer — Action—Parties.</p> <p>Where an insurer lias paid to the assured the total amount of the loss, such insurer is subrogated by operation of law to all of the assured’s rights of action against third persons who are responsible for the loss, and the assured cannot maintain an action at law in his own right to enforce such liability.</p> <p>[Ed. Note. — For other cases, see Insurance, Cent. Dig. § 1500; Dee. Dig. § 606.*]</p> <p>3. Parties (§ 59*) — Amendment of Complaint — Joinder of Use Plaintiff.</p> <p>Under Code Ala. 1907, $ 2490, which provides that a party for whose use a suit is brought must he considered as the sole party on the record, and section 5367, by whieli an amendment to a complaint by striking out a sole plaintiff and substituting another is not permitted, a complaint which has been amended by adding a use plaintiff to the original plaintiff does not entitle either to recover, unless both are jointly interested in each cause of action pleaded.</p> <p>[Ed. Note. — For other cas