Cooley v. Eskridge

Plaintiff alleged that he had contracted with Edna for a caterpillar and bulldozer tractor for use in certain construction work on Ednas property; that one Ferrel was an employee of Hunt, who likewise had a contract with Edna for similar work, and that Berglin was employed as a "dirt contractor" by Edna. Further, that on September 22, 1948, and "while the tractor hereinabove described was being used by the Edna Coal Company as hereinabove set forth, the Defendants M. S. Ferrel and Paul Hunt Construction Company, or the Defendants, Elmer Berglin and Edna Coal Company, or each or all of said Defendants, recklessly or negligently allowed the said tractor to roll down a steep incline," resulting in damages to said tractor in the sum of $6,866.23 and loss of profits in the use of said tractor in the sum of $6,863.68, for which judgment was prayed.