Christensen v. State

In 1722 a chimney-sweeper’s boy found a jewel and took it to a jeweler for appraisal. The jeweler, having declined to return it to the boy, was sued in trover. Instructing the jury how they should arrive at the value of the unreturned jewel, “.. . the Chief Justice directed the jury that unless the defendant did produce the jewel and show it not to be of the finest water, they should presume the strongest against him, and make the value of the best jewels the measure of their damages; which they accordingly did.” Armory v. Delamirie, 1 Strange 505. From this practical application of simple…