Lax v. Union Railway Co.

This action for damages to plaintiffs’ personal property was tried before the court and a jury. It was dismissed at the end of plaintiffs’ case on defendant’s motion, on the sole ground that the negligence of Silverstein, the driver of plaintiffs’ horse and wagon, was the contributing cause of the accident which barred plaintiffs’ recovery. Plaintiffs move for a reargument of that motion.

It is not disputed that the relation between plaintiffs and Silver-stein at the time the accident occurred was that of bailor and bailee for hire and that the latter was engaged in his own business while he…