Monarch Insurance Co. of Ohio v. Knight & Boykin Poultry & Produce Co.
Monarch Insurance Co. of Ohio v. Knight & Boykin Poultry & Produce Co.
Opinion of the Court
Plaintiff-appellee sued defendant-appellant on an automobile insurance policy based on the collision or upset coverage on a diesel truck owned by plaintiff-appellee. It was charged in the declaration that the truck struck a cow in New Mexico and the truck was damaged in an amount of $4,368.23. The policy contained a $250 deductible clause. Judgment was entered for the plaintiff in the amount of $3,946.91 and defendant appealed.
Appellant says that the lower court erred in refusing its requested peremptory instruction. This assignment of error is well taken and disposes of the case.
No witness testified who had any personal knowledge concerning the alleged collision. There was no tesitmony concerning the kind and extent of damages to the truck. There was no testimony that the invoices which were shown to have been paid by appellee were for repairs done as a result of the collision. There was no testimony by any qualified witness that the amounts paid for said alleged repairs were reasonable.
(Hn 1) The proof was wholly insufficient to make a jury issue. The case is reversed and judgment rendered here for appellant.
Reversed and judgment here for appellant.
Reference
- Full Case Name
- The Monarch Insurance Company of Ohio v. Knight & Boykin Poultry & Produce Company, Inc.
- Status
- Published