Stone v. Case
Supreme Court of Oklahoma
Error from Pontotoc County Court; Arden L. Bullock, Special Judge. Action by Gertrude Case against Duke Stone for loss of a piano.
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Error from Pontotoc County Court; Arden L. Bullock, Special Judge. Action by Gertrude Case against Duke Stone for loss of a piano. Judgment for plaintiff, and defendant brings error.- This action was begun March 30, 1909, upon a petition alleging, in substance, that in January, 1907, plaintiff, owner of a piano, rented or leased it to defendant for $2.50 per month; that thereafter, in September, 1907, she requested defendant to procure insurance in the sum of $400 on the piano, and to take the amount of premium charged for the insurance from the rents due her for the use of same; that…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above).. In considering these objections, we will first take up the instructions of the court. After stating the issues to the jury, the court, in paragraph 9 of his charge, says:
“You are instructed, gentlemen of the jury, that the burden of proof is upon the defendant to show that he exercised reasonable care in the protection of the piano, and that the same was not destroyed through his ordinary negligence, or the ordinary negligence of his servants, agents, or employees, while acting within the scope of their employment.”
This instruction…
2Cases cited11 opinions
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- Heinemann v. . HeardNew York Court of Appeals · 1875
- Scarborough v. SmithSupreme Court of Kansas · 1877
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