Herman v. Hawley

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued the defendant for damages to a threshing rig, consisting of an engine, separator, and water tank, while in his possession as receiver, and for his negligence in failing to collect rents thereon. Trial was had before a jury; but, at the close of plaintiff’s evidence the court sustained a demurrer thereto and rendered judgment for the defendant. The plaintiff appeals.

The petition alleged, and the evidence of the plaintiff tended to show, that in an action in which the plaintiff herein was defendant, involving the ownership…