
    The HOME INSURANCE CO. OF NEW YORK, Plaintiff-Appellant, v. Floyd D. HARRIS, Defendant-Appellant, Grain Dealers Mutual Ins. Co., Defendant-Appellant, H M C Motors, Inc., Defendant-Appellee, and Employers’ Fire Insurance Company, Defendant-Appellee.
    No. 10827.
    Court of Appeal of Louisiana. Second Circuit.
    June 30, 1967.
    Rehearing Denied July 27, 1967.
    Campbell, Campbell & Marvin, Minden, for appellant, Home Ins. Co. of New York.
    G. Edward Draper, Memphis, for appellant, Floyd D. Harris.
    Mayer & Smith, Shreveport, for appellant, Grain Dealers Mut. Ins. Co.
    Meadors, Atkins & Meadors, Homer, for appellees, HMC Motors, Inc.
    Joseph R. Bethard, Shreveport, for ap-pellee, Employers’ Fire Ins. Co.
    Before GLADNEY, AYRES, and BOL-IN, JJ.
   GLADNEY, Judge.

The Home Insurance Company of New York, as subrogee of D. C. Simpson, owner of premises leased by HMC Motors, Inc., after payment to its insured of $7,475.89 for fire damage sustained by the insured premises, seeks judgment herein against Floyd D. Harris, Grain Dealers Mutual Insurance Company, HMC Motors, Inc. and Employers’ Fire Insurance Company, alleging its loss was the result of joint negligence of Floyd D. Harris and HMC Motors, Inc. The trial court rendered judgment against Harris and his insurer, Gram Dealers Mutual Insurance Company and rejected plaintiff’s demands against the other defendants. Appeals were lodged by The Home Insurance Company of New York, Floyd D. Harris and Grain Dealers Mutual Insurance Company.

This case was consolidated with that of Baker v. Employers’ Fire Insurance Company et al., 201 So.2d 349, the opinion of which is controlling as to the issues herein presented.

On this appeal plaintiff has abandoned its claim against Employers’ Fire Insurance Company, insurer of HMC Motors, Inc.

The judgment from which appealed is annulled, reversed and set aside and it is ordered that there be judgment in favor of The Home Insurance Company of New York and against HMC Motors, Inc. in the full sum of $7,475.89 with legal interest thereon from judicial demand until paid.

It is further ordered that plaintiff’s demands against Floyd D. Harris, Grain Dealers Mutual Insurance Company and Employers’ Fire Insurance Company be dismissed.

Costs are taxed against HMC Motors, Inc.  