Case brief summary
If you find a lost item and someone takes it from you, you can sue to get it back. Employers can also be held responsible for wrongs their employees commit while working.
Facts
A boy who swept chimneys found a jewel and took it to a goldsmith to learn what it was. The goldsmith's helper removed the stones and offered little money for the empty setting, which the boy refused.
Procedural history
This was a trial level case heard before the Chief Justice sitting alone without a jury panel of multiple judges, known as sitting at nisi prius, so there was no earlier appeal.
Issue
Can someone who merely finds a lost item sue a person who takes it, even though the finder isn't the true owner, and how should payment be decided if the stones can't be shown in court?
Holding
The court ruled the finder could sue anyone but the true owner. It held the shop owner responsible for his worker's actions and said the jury should assume the jewel was top quality since it wasn't produced.
Reasoning
The court reasoned that finding an item gives a person a right to keep it safe from everyone but the rightful owner, so the boy could sue for its return or value. The shop owner was responsible because he trusted his apprentice to handle the jewel as part of his work. Since the defendant refused or failed to produce the jewel to prove its quality, the court said the jury should assume the worst for the defendant and award damages based on the finest possible value of the jewel.
Opinions
Majority (Pratt, C.J.): A finder has rights to lost property good against everyone but the true owner, the shop owner is liable for his apprentice's actions, and failing to produce the jewel means assuming it was top quality.