Machinery & Supply Corp. v. Euterpe Mining Co.

The opinion of the court was delivered by

Marshall, J.:

In each of these actions the plaintiff seeks to recover for electrical machinery rented to the defendant for use in the mine operated by it and destroyed by fire while in its possession and being used by it. Judgment in each action was rendered in favor of the defendant, and each of the plaintiffs appeals.

The facts are so nearly identical that it is unnecessary to state them in but one of the cases. They are shown in the findings of fact and conclusions of law made in Machinery and Supply Corp. v. Euterpe Mining Co., as follows:

“1. The…