The Sterling Bridge Co. v. Baker

• Court: Illinois Supreme Court
• Writing for the Court: PER CURIAM
• Citation: The Sterling Bridge Co. v. Baker, 75 Ill. 139, 1874 WL 9204 (Ill. 1874)
• Decision Date: 30 September 1874
• Parties: THE STERLING BRIDGE COMPANYv.GEORGE BAKER.

75 Ill. 139

1874 WL 9204 (Ill.)

THE STERLING BRIDGE COMPANY

v.GEORGE BAKER.

Supreme Court of Illinois.

September Term, 1874.

APPEAL from the Circuit Court of Whiteside county; the Hon. WILLIAM W. HEATON, Judge, presiding.

This was a suit by George Baker against The Sterling Bridge Company, originally commenced before a justice of the peace, to recover for the use of eight jack-screws for thirty-three days and the value of one of them which was lost.

The case was taken by appeal to the circuit court, where a trial was had, resulting in a verdict in favor of the plaintiff for $66. The plaintiff remitted $7.50 of the verdict and judgment was rendered in his favor for the balance. It appeared that one Spencer was the general superintendent of the defendant, and that he sent Blair to the plaintiff to procure the jack-screws to make repairs on the bridge; that the customary price of the plaintiff for the use of the jack-screws was twenty-five cents per day. The defendant appealed.

Mr. JOHN G. MANAHAN, for the appellant

Messrs. SACKETT & BENNETT, for the appellee.

PER CURIAM:

This suit was commenced before a justice of the peace of Whiteside county, and thence taken by appeal to the circuit court of that county, where judgment was rendered for the plaintiff for $66, to reverse which the present appeal is prosecuted.

We have examined the evidence and instructions, as set forth in the abstract, with some care, and are of opinion, upon the whole, that the judgment below should not be disturbed.

The suit is for the use of certain jack-screws which were loaned by the plaintiff to the defendant, and for the value of one other which was likewise so loaned, but never returned.

The evidence as to the material facts is conflicting, and we are unable to say that the preponderance is in favor of the defend ant, clearly and palpably.

While the instructions as...