P. H. Gill & Sons Forge & Machine Works v. Detroit-Cadillac Motor Car Co.

Plaintiff, as bailee, received defendant’s motor car crank shaft to test it or to straighten it, and during the work, or thereafter, cracks or seams appeared in the shaft. The defendant was notified. Thereupon a new crank shaft, ordered by defendant, was made and delivered by plaintiff. Defendant stopped the check which he had sent to plaintiff in payment for this shaft. In this action, brought to recover upon the check, defendant counterclaimed, and the court awarded to it damages for the value of the first crank shaft, and for the loss in the matter of the extra time and labor required for assembling the parts to fit the new crank shaft. As these damages are in excess of plaintiff’s claim, defendant gains the judgment.

Even though it were proved to the satisfaction of the court that the crank shaft was cracked by the plaintiff “in. the attempt to straighten the bend or kink found in it,” that fact alone cannot support the judgment; for the judgment must rest upon proof that satisfied the court that plaintiff was negligent. The experts called by the defendant were asked what was the best or the very best way to do the work.