Winegar v. Slim Olson, Inc.

McDONOUGH, Justice.

Action to recover damages for the loss of a Diesel engine allegedly caused by negligent installation of an oil filter bag by one of defendant’s. employees. The lower court, sitting without a jury, granted defendant’s motion for a non-suit made at the conclusion of plaintiff’s case and plaintiff appeals.

Plaintiff distributes oil products throughout the inter-mountain region via a personally owned fleet of automotive tractors and trailers. Defendant, having the facilities to handle such heavy machinery, was engaged by plaintiff to service and lubricate this equipment. While…