Timothy C. Mcwilliams Et Al. v. Snap-Pac Corporation

This is an appeal from a judgment rendered against appellant McWilliams as plaintiff when appellees motion to withdraw the case from the jury and render judgment for appellee was sustained at the conclusion of McWilliams evidence. Also as appellants are Robertson Tank Lines, herein called Robertson, and Transport Insurance Company, herein called Transport. Transport and Robertson, through the same counsel, filed a pleading denominated "Intervention". Transport sought recovery, by way of subrogation, of the amount it had paid McWilliams in workmens compensation benefits. Robertson sought to recover for damages caused to its tank truck. The court held Robertsons cause not properly before the court as it was a separate cause of action; that no service had been obtained on appellee, and that appellee had not entered its appearance as to Robertsons cause.