Smarak v. Segusse

The opinion of the court was delivered b}r

Trenchard, J.

This is an appeal by the defendant below from a judgment in favor of the plaintiff.

The defendant, a truckman, hired from the plaintiff, a horse dealer, several horses for use in his business, agreeing to pay therefor $1.50 for every day he kept each horse.

The plaintiff brought this suit to recover $57, being compensation at that rate.

The defendant, by way of recoupment, claimed $67 for expenses alleged to have been incurred by him in providing a veterinarian and medicine for one of the horses, a sorrel mare.

We are of the opinion that the…