W. S. Quinby Co. v. Estey

The plaintiff, who was a wholesale dealer in tea and coffee, hired from the defendant, who was a teamster, a horse, wagon and driver for the sum of $29 a week to deliver the merchandise of the plaintiff. The driver, Day, was paid by the defendant, and, while he was carrying seventeen chests of tea belonging to the plaintiff from the Metropolitan Steamship Company’s wharf to the warehouse of the plaintiff, they were lost. This action is to recover their value. The jury found specifically that the tea was lost through Day’s carelessness and that he was not the servant or employee of the…