34 Me. 545 | Me. | 1852
The law seems to' be well settled that the
The bailee is entitled to damages commensurate with the value of the property taken or the injury it may have sustained, except in a suit against the general owner, in which case his damages are limited to his special interest. If, say the Court, in White v. Webb, 15 Conn. 305, “ the suit is brought by a bailee or special property man against the general owner, then the plaintiff can recover the value of *his special property, but if the writ is against a stranger then he recovers the value of the property and interest according to the general rule, and holds the balance beyond his own interest, in trust for the general owner.” This view of the law seems fully confirmed by the uniform current of author
The instructions given were correct. The exceptions are overruled, and judgment is to be rendered on the verdict.