Blankenship v. St. Joseph Fuel Oil & Manufacturing Co.

BOHLING, C.

Clifford Blankenship sued The St. Joseph Fuel Oil & Manufacturing Company, a corporation, for $50,000 damages for personal injuries arising out of the rental and use by his employer, Land Construction Company, a corporation, of defendant’s street sweeping machine. The jury returned a unanimous verdict in favor of the defendant. Thereafter, plaintiff’s motion for new trial was sustained on the ground defendant’s instruction “I” was* erroneous. Defendant appeals, contending plaintiff failed to make a submissible case and said instruction was not erroneous.

Only two witnesses testified…