Textile Alliance, Inc. v. P. H. Keahon, Inc.

Levy, J.:

In this action the plaintiff, an importer of dyes, recovered a judgment against the defendant, who is engaged in the trucking business under a contract with the United States government. While such dyes belonging to the plaintiff were being carried by' *401the defendant upon one of its tracks from the steamship dock to a bonded warehouse designated by the former, one of the containers was broken in transit and the dye was spilled on the street. The driver swept it up with the street litter and placed it in bags. This admixture of dirt rendered the merchandise wholly useless for its…