Smith v. Stratton

CONNER, Chief Justice.

This suit was instituted by appellee to recover the rental value of a traction engine and for damages thereto. The allegations were to the effect that appellee was the owner of such an engine, and that appellant, on October 21, 1901, contracted to take it and pay for its use at the rate of one dollar per day until returned, and that appellant “agreed to return said engine to plaintiff in as good condition as when he got it.” It was further alleged that shortly after appellant received said engine “he, his agents and employes so negligently, carelessly and recklessly…