Taylor v. Samuels, 5-3255

• Decision Date: 04 May 1964
• Docket Number: No. 5-3255,5-3255
• Citation: 238 Ark. 70,378 S.W.2d 200
• Parties: Joe TAYLOR, Appellant, v. Alvin B. SAMUELS, Appellee.
• Court: Arkansas Supreme Court

Page 200

378 S.W.2d 200

238 Ark. 70

Joe TAYLOR, Appellant, v.Alvin B. SAMUELS, Appellee.

No. 5-3255.

Supreme Court of Arkansas.

May 4, 1964.

L. V. Rhine, Paragould, for appellant.

Kirsch, Cathey & Brown and William B. Wharton, Paragould, for appellee.

ROBINSON, Justice.

This is a suit for damages to personal property.Appellee, Alvin B. Samuel, owned a TD-9 tractor which he left parked in the country near a house occupied by Mrs. Rosa Hyde.The tractor needed repairs, and the water was drained from the radiator and cooling system.

Later, two men delivered some lumber and unloaded it near the tractor.After the lumber was unloaded, they could not get the lumber truck started; they asked Mrs. Hyde for her permission to use the tractor to pull the truck to get it started; she told them that the tractor did not belong to her, that it was being repaired and that no water was in it.Regardless of the warning given by Mrs. Hyde, the men started the tractor and used it to pull the truck.

This action was filed by appellee, owner of the tractor, who alleged that the appellant, Taylor, his agents and employees, wrongfully and without permission used the tractor when the cooling system contained no water and as a result thereof the tractor was damaged in the sum of $713.39.There was a judgment for Samuel in the amount of $713.00, and Taylor, the defendant, has appealed.

There is substantial evidence that the two men who delivered the lumber used the tractor and damaged it in the stated amount.On the question of agency, Mrs. Hyde was permitted to testify that the men who delivered the lumber...