Dejon v. Smedley Co.

Hiüstman, J.

The court submitted to the jury two interrogatories: “(1) Did any loss or shrinkage in the contents of the fifty-nine barrels occur through failure of the defendant to exercise reasonable care in keeping the same? (2) Did the defendant take and appropriate to its own use any of the contents of the fifty-nine barrels?” Both of these were answered in the affirmative, and no question is made but that, however conflicting the evidence and claims, the jury might reasonably have so found and held and thereby charged the defendant with liability for such damage as the plaintiff…