BUSHEL v. MILLER 93 Eng. Rep. 428 (1718) CASE BRIEF

BUSHEL V. MILLER

93 Eng. Rep. 428 (1718)

NATURE OF THE CASE: This was an action in trover for the conversion of destroyed property.

FACTS: At the customhouse quay, there was a receiving hut where the porters put small parcels if a ship was not ready to receive them. Each porter had a designated space to put the items for which each was responsible. Both Bushel (P) and Miller (D) were porters with their own designated spaces in the building. P put goods in the building in such a way that D could not get to his space without moving P's goods. D moved them about three feet towards the door but did not return them to their place. The goods were lost. P paid the value of the goods and sued D in trover.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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