Hinderer v. Fehnel

Henninger, J.,

Plaintiff’s truck, leased to a third party, was damaged, bub not beyond repair, in a collision with defendant’s automobile, and, according to the statement of claim, by reason of defendant’s negligence. Defendant, claiming to be prejudiced because he cannot set up the defense of contributory negligence against the bailor, questions bailor’s right to sue in trespass, he being out of possession and there being no injury to his reversionary interest.

It is admitted that where injury to personal property is committed with force and the owner is in actual or constructive possession of…