Rosencrance v. Kelley

Lynch, Judge:

Plaintiff sues in assumpsit for the recovery of rent due, as he avers, upon a written contract whereby he leased to defendants an engine and boiler for use by them as part of a sawmill to cut timber yito lumber, and of damages for the negligent abuse of both engine and boiler. The rent reserved was 25 cents for each 1000 feet of lumber cut by defendants. According to the contract stated i* the declaration, defendants agreed to return the machinery in good condition, with the proviso that if the engine burst .without fault on their part they were to be absolved from liability…