Dallas Railway & Terminal Co. v. Straughan

Appellee, O. J. Straughan, filed this suit against appellant, Dallas Railway & Terminal Company, alleging a collision of his automobile with appellants bus at a certain street intersection in the City of Dallas on March 9, 1951, by reason of the negligence of appellants bus driver and sought personal and property damages as a result thereof in the total sum of $1,500. Thereafter appellant answered joining issues with appellee and American Automobile Insurance Company, hereafter referred to as Insurance Company, intervened claiming certain subrogation rights against appellant by reason of its having settled with appellee for his property damages in compliance with the terms of a policy it had previously issued to appellee. The case was tried to a jury. Upon answers to special issues returned by the jury the trial court awarded appellee judgment for damages in the sum of $525 and the Insurance Company judgment for its subrogation rights in the sum of $435.92. Appellee subsequently filed a remittitur of $25 and his judgment was then reduced to $500 making the total judgment for the sum of $935. Appellant perfected its appeal to the Court of Civil Appeals at Dallas and the Supreme Court, in order to equalize the dockets of the Courts of Civil Appeals, transferred the case to this court.