Eureka Fire & Marine Ins. v. Purcell

The petition of the plaintiff below seems to allege that the opening of the seams of the boat and throwing out of the caulking were the necessary and inevitable results of the use of a side dock in attempting to repair; but at all events the evidence tends to, if it does not fairly prove that such would be the necessary and inevitable result of such use of such dock, or of that manner of repairing; and if the jury should find, under proper instructions, that such would be the necessary result, and was in this case, then the plaintiff could not recover, because the injury to the boat which…