St. Clair v. Jelinek Et Ux.

BRAND, A. C. J.

This is an action at law for damages to plaintiff’s automobile because of the alleged negligence of defend ants in causing a tree to fall upon it. After issue joined the case was first tried in the District Court where judgment was rendered against the defendant Gugat but for the defendants Jelinek. Thereafter the case was tried de novo by the Circuit Court without a jury, both parties having consented thereto. Judgment went for the plaintiff and against the defendants Jelinek in the sum of $342.22 and costs and they appealed.

The case comes to this court in the following…