133 N.Y.S. 473 | N.Y. App. Term. | 1912
The defendant claims that upon payment of the amount of loss the insurance company became subrogated to the plaintiff’s rights. C. F. Insurance Co. v. Erie Railway Co., 73 N. Y. 399, 29 Am. Rep. 171.
Judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.