This section contains the nature of the case and procedural background.

At the custom-house 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.

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