Richstein v. Roesch

This is an action to recover damages for the wrongful conversion of a caterpillar tractor. There was a verdict for the plaintiff. Defendant appeals.

On appeal defendant asserts (1) that the court erred in directing in its instructions a verdict on the issue of conversion; (2) that the trial court exceeded its authority in the pre-trial proceedings; and (3) that there was prejudicial error committed by the trial judge in communicating with the jurors after the case had been submitted to them and without notice to or the consent of the parties or their counsel.

That part of the instructions…