Dickler v. Gates

GIBLIN, Associate Justice.

The trial of this cause resulted in a jury verdict based obviously on the finding that the appellee had wrongfully converted a diamond ring which had been entrusted to him as consignee and bailee. By the order appealed from the trial judge set the verdict aside and granted a new trial, assigning as his reason that it appeared “from the evidence that the defendant was unable to deliver the property because the same was stolen from him,” and that, therefore, the action “should have been in case for the bai-lee’s neglect.”

We think the able trial judge was in error…