135 Mass. 221 | Mass. | 1883
The exceptions find that‘6 the parties stipulated that, in case of recovery by the plaintiff, the amount should be $768.25, with interest from August 20, 1880, unless it should appear on proper evidence that the amount should be changed.”
The defendant offered to show the “ peculiar value" of the goods in a sinking boat, such as it contended this was at the time the fire broke out; and it contended that the goods in the situation they were then in were of no value. The court ruled that “ no proof upon that point could be introduced; to which ruling the defendant excepted.”
The jury must have found that the loss was by fire as the immediate and efficient cause. As the goods were not touched or damaged directly by fire, and were not damaged by water until the steamer sank with the goods on board, there was no occasion to apply the rule of damages which prevails when there are two concurrent causes of loss. The actual loss was wholly either by the fire or by the collision, and by which, as the proximate efficient cause, it was for the jury to determine. New York
A majority of the court are of opinion that the
Exceptions must he overruled.