137 Iowa 135 | Iowa | 1908
— The plaintiff operated a portable sawmill, and the defendant sent thereto certain logs, which were to be sawed according to directions. ' One of the logs was cut from a-tree that stood in- the defendant’s yard, and there was embedded therein, out of sight, an “ old gate iron.” In sawing the log the saw struck the iron and was broken. This suit was brought to recover the value of the saw; the plaintiff in her petition alleging negligence on the part of the defendant, and a rule, known to the defendant, that no yard logs or logs containing iron would be sawed. The ease was tried below on an agreed statement of facts, from which it appears that the defendant employed one Hamiel as general help on her farm, and authorized him to cut and haul the logs to the plaintiff’s mill. It is also admitted that the defendant, through her agent, Hamiel, employed one Dye to help cut and 'haul said logs, and that Dye knew of the plaintiff’s general rule that yard logs or logs containing iron would not be sawed, that the log was not marked as a yard log, and that none of the parties knew that it in fact contained the iron. It was also agreed that the defendant had no personal knowledge of the rule as to sawing yard logs, and that the plaintiff used reasonable care.
The plaintiff contends that there was an implied warranty that the logs delivered to her to be sawed were fit for the purpose without injury to her mill. We find it unnecessary to determine this question, however, because of
We are constrained to hold that the trial court erred in its judgment, and that the case should be reversed.