Lowery v. Cate

The plaintiff below recovered a verdict and judgment for the sum of $310.00 against the defendant, Lowery, for the value of wheat and other property alleged to have been destroyed through his negligence.

It appears from the proof that the defendant, Lowery, was the owner of an engine and thresher, and entered into a contract with plaintiffs to thresh their wheat for every twentieth bushel. The contract was made by J. G. Gate, for himself and other parties in interest, with the defendant, Lowery. The wheat was stored in a large shed on Gate’s farm, the portion of each of the parties being…