DocketNumber: Nos. 19,807—(201)
Citation Numbers: 133 Minn. 465
Filed Date: 6/26/1916
Status: Precedential
Modified Date: 9/9/2022
This is an action to recover the value of a team of horses alleged to have been converted by defendant. The complaint alleged that one McDonnell, who was engaged in grading and paving work for the city of Duluth, hired the team in question, with other teams, from plaintiffs in June, 1913, for use on the work, agreeing to pay for the services of each team $35 per month, and to deliver the teams to plaintiffs on demand; that on August 5, 1913, McDonnell,
It seems to us that the case should have gone to the jury. The view taken by the learned trial court was that there was no evidence worthy of belief, tending to show that the horses were used in the work after defendant took it over. But in reaching this conclusion it was necessary to ignore the positive evidence of one witness, as well as some corroborating testimony. It is the kind of case where a discussion of the evidence is of no profit to the profession or the parties. We content ourselves with stating our conclusion,, reached after a careful examination of the record, that there was evidence to take the case to the jury on the question of defendant’s responsibility for the admitted failure of plaintiffs to get back the team. The mystery of its strange disappearance should be solved by a jury, rather than by the court.
Order reversed and new trial granted.