Motor Crane Service Co. v. Barker Construction Co.

I respectfully dissent.

Defendant, Barker, rented a cast-iron breaker ball from plaintiff, Motor Crane, to break rock. Barker failed to pay the agreed rental and subsequently returned the broken parts of the ball. Motor Crane filed suit for unpaid rent and for negligent destruction of the breaker ball. Barker’s answer generally denied liability and, among various affirmative defenses and counterclaims, alleged that the breaker ball was not suited for the known anticipated use.

Trial was to the court without a jury. The trial court entered judgment for Motor Crane on the claim of damage to the…