Kavanaugh v. Taylor

The overruling of appellants’ motion for a new trial is the only 'error assigned. The reasons assigned for a new trial are numerous, and we will notice such as are argued in appellants’ brief as we proceed. The action was by the appellee against the appellants for the wrongful conversion of a car-load of potatoes.

The cause was tried by a jury, who found for the plaintiff in the sum of $331.44. At the proper time the court instructed the jury as follows :

“ The undisputed evidence shows that the plaintiff, in the fall of 1887, consigned a car-load of potatoes to one David Carpenter, at Elkhart,…