Smith v. Wixson

This is an action by R. J. Wixson, plaintiff, against J. F. Smith and W. A. Villines, defendants, to recover the value of certain oil well casing stolen from plaintiff in Kansas, and which plaintiff alleged defendants had converted to their own use. From a verdict and judgment for plaintiff, defendants appeal.

Defendants assign numerous errors, but we think one decisive question is presented by the record: Should the motion of defendants for a directed verdict have been sustained?

The evidence established that at some time between December 25, 1937, and January 11, 1938, 1,205 feet of…