Medlin v. Huffman
Medlin v. Huffman
Opinion of the Court
Action to recover for damages and for money expended in repairs to a motor buggy left with the appellant for sale. The answer is a general denial. Plaintiff recovered, and defendant appeals.
Plaintiff bought the vehicle in June, 1908, paying $475 for it. After being used more or less, he brought it to defendant, who is a dealer in automobiles, about February, 1909, and left it with him at his place of business. There is a direct conflict in the testimony as to what arrangement was made when this was done; the plaintiff testifying that the agreement was that it was left with defendant for sale, defendant then claiming to have a customer, and that it was further agreed $200 of the purchase price should be
The trial court instructed the jury: “Should the proofs show the buggy was left for sale on commission, then the defendant owed an ordinary and reasonable degree of care during such custody. Should the proofs show a simple storage without charge therefor, then the defendant owed simply the duty of keeping with slight care and not wantonly injure. You are instructed that by the term ‘slight care’ is meant such degree of care as one ordinarily takes of his own property.”
The appellant claims that the court erred in defining slight care in this instruction. Since the jury found that the buggy was left for sale on commission, this portion of the instruction, whether right or wrong, had no effect upon the verdict and could not be prejudicial error if erroneous.
The only other complaint made is that the court erred in
The judgment of the district court is
Affirmed.
Reference
- Full Case Name
- James W. Medlin v. William L. Huffman
- Status
- Published