Smith v. Seaton

Opinion of the Court by

Judos Williams:

The instructions were wrong and misleading on the first trial, therefore, the court properly granted a new trial.

Ireland, for Appellants. Dulin, for Appelltte.

The first and second instructions given at plaintiff’s instance on the last trial were correct; the third one should also have been given with a modification.

Logan was a mere renter from Clark for a year; he disclaimed both possession and claimed he should, therefore, not be held responsible for all the damages which may have resulted to plaintiff by reason of the detention of the possession, use,…