Braack v. Bailey

Action was instituted by plaintiffs for the purpose of recovering damages occasioned by the conversion of personal property. The cause, tried to the court sitting with a jury, resulted in a verdict favorable to the defendant. Plaintiffs’ motion for a new trial was denied. Thereafter, plaintiffs appealed from the judgment based upon the verdict.

We summarize the evidence as follows: Appellants were copartners engaged in the business of felling timber and transporting it to market. The property involved in this action was a caterpillar and a yarder used in the logging operations. As shown by…