Higgs-Taft Furniture Co. v. Clark

On the trial in the Superior Court there was evidence tending to show that the defendant had “rented” a team, for which he had “hired” a driver; that in some way the team had broken a plate-glass window in the plaintiff’s store; and that the plaintiff had brought suit to recover the sum "of $122.50 as the measure of its loss. With the exception of a transcript of the judgment the justice’s record has been lost, and the transcript does not state the nature of the action. The case on appeal shows that throughout the trial in the Superior Court the action was treated as ex contractu. In the…