Hadley v. Hillcrest Dairy, Inc.

The plaintiff testified as follows: On October 12, 1957, a route salesman of the defendant delivered three one-half gallon glass jugs of milk to the plaintiff’s house in Leicester. The salesman placed the milk on a shelf inside the kitchen door. The plaintiff paid for the milk but “as far as he knew there was no special charge . . . for the . . . container.” Thereafter, the plaintiff’s wife put the milk into the refrigerator. Some of the milk was used on the day it was delivered, and some of it was used the following day. On Wednesday, October 16, the plaintiff opened the refrigerator door…