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Western Massachusetts Ins. Co. v. Transportation Co., 79 U.S. 12 Wall. 201 201 (1870)

Western Massachusetts Ins. Co. v. Transportation Company

79 U.S. (12 Wall.) 201

In which the controlling question was the same as in the <|79 U.S. 194|>case just reported -- a question which the court said that they did not propose to reconsider. This second case had been adjudged below,

Page 79 U. S. 202

before the other one, and not on a finding of facts by the court, but on a verdict by a jury; the issues of fact being submitted to it under instructions from the court.

In this second case the policy provided that the loss or damage should be estimated according to the true and actual cash value of the said property "at the time the fire should happen," and evidence of the value of the steamer before the collision took place having been offered by the owners of the steamer, the insurance company objected to it, and on their objection it was excluded.

Evidence was allowed to be given against the defendants' objection, to show how much it cost to raise the steamer, and $22,500 were allowed, the value of the wreck when recovered.

The plaintiff based his estimate of damages upon the cost of repairing and restoring the vessel to her former condition, exclusive of the amount properly chargeable to the collision.

The judge charged that the main question for the jury to determine was whether the loss sustained by the plaintiffs was the natural, necessary, and inevitable consequence of the fire. Then, after referring to the facts as proved, he added:

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