Schagrin v. Bacon

Harrington, J.,

delivering the opinion of the court:

Under the instructions given the jury the validity of the verdict in this case depends upon the existence of direct or circum*14stantial evidence from which they could properly find two things:

First, that property of the Bacons, the plaintiffs below, came into the possession of Schagrin, the defendant below, and was lost or damaged by his negligence.

Second, the value of such property when it came into the possession of Schagrin.

Proof of the latter fact is necessary in order to ascertain the damage suffered by the Bacons, the measure of damages…