Klann v. Hess Cartage Co.

Plaintiff appeals from a judgment on a directed verdict of no cause of action. The verdict was directed at the opening of trial, after the trial judge had granted defendants’ motion for summary judgment.

Plaintiff leased a semi-tractor to Hess Cartage Company, a commercial trucking firm. The tractor, while driven by defendant Santee, was totally destroyed. Plaintiff claims the loss was caused by defendants’ negligence. Defendants’ contention that plaintiff has no cause of action is based on the following lease provision:

"The lessee shall not be liable for the loss of, or damage to, the…