Boden v. Harter

Opinion op the Court by

Drury, Commissioner

Reversing.

We shall refer to the appellant as the plaintiff and to the appellees as the defendants, for those are the positions they occupied in the trial court, where the court gave a peremptory instruction to find for the defendants in an action for damages begun by plaintiff against D. S. Harter and the American Surety ¡Company. The facts are thus stated in the petition:

“Plaintiff says that on October 25, 1929, and prior thereto the plaintiff was the owner of one 1926 Hupmobile. Sedan, Motor No. 15987, of the fair and reasonable market value of…