State v. Oliver

The opinion of the court was delivered by

Collins, J.

The writ in this case removes a judgment against the prosecutor in an action of tort, on appeal from a Court for the Trial of Small Causes. The suit was brought against the prosecutor and two other defendants. The state of demand was in substance as follows :

“ The plaintiff complains of the defendants for this, that heretofore, to wit, on, &c., at, &e., the plaintiff loaned to the defendant a wagon, &c., for the purpose of being used by the defendants, &c., which said wagon was to be used by the defendants with ordinary care' and was to be…