Wagner v. . Motor Truck Renting Corp.

Rodgers & Hagerty, Incorporated, had a subcontract which required it to do certain excavation work in Brooklyn. As an incident it was required to remove the dirt excavated to dumps some thirty blocks away. It had the necessary steam shovels and other tools but only some thirty-five trucks. Many more would be required. Therefore, on May 20th, 1918, it entered into a contract in writing with the Hagerty Motor Trucking Company, a concern engaged in the trucking business, for the purpose of securing them. It had made inquiries of the latter company “ regarding the hiring of five ton motor…