Compressed Air MacHinery Co. v. West San Pablo Land & Water Co.

Appeal from judgment for plaintiff and order denying defendant’s motion for a new trial.

The action was brought to recover the possession of certain machinery, to wit, an air compressor and receiver, and their connections, or the sum of $1,200, the value thereof, in case a delivery cannot be had, and damages in the sum of $673.

The action was tried before a jury, which first returned a verdict for plaintiff for the recovery of the property, and for damages at the rate of $50 per month for the detention thereof, or in case'a delivery cannot be had, for the sum of $1,200, as the value of the property, together with $150 damages for its detention.

The court thereupon refused to receive the verdict, but directed the jury to insert the date from which the $50 per month should be reckoned, and also instructed them that the damages should be the same whether the property could or could not be delivered to plaintiff. The jury again retired, and subsequently brought in the following verdict: “We, the jury in the above entitled cause, find that the plaintiff herein is entitled to recover possession of the property described in the complaint herein, together with $50 per month damages for…