Bernauer v. Hartman Steel Co.

The judgment in this case is based on the negligence of appellants by which a certain water tank was overflowed and damage thereby caused to the stock of hardware of appellee in the building where the tank was situated.

The case was tried by the court without a jury, appellants found guilty and the damages assessed at $400. It is one of the class of cases in which appeal is so often made to this court to reverse, on the ground that the finding or verdict is contrary to the, evidence. A reading of the evidence leaves a conviction on the mind that the theory of appellee is probably correct, and…