Hayward v. Cain
Massachusetts Supreme Judicial Court
Tort for breaking the plaintiff’s close and wantonly and maliciously setting fire to his buildings situated therein, whereby they, with their contents, were partially consumed. At the trial in the superior court, before Brigham, G. J., the plaintiff offered evidence tending to prove the facts alleged in his declaration; and no evidence was offered to the contrary.
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Tort for breaking the plaintiff’s close and wantonly and maliciously setting fire to his buildings situated therein, whereby they, with their contents, were partially consumed. At the trial in the superior court, before Brigham, G. J., the plaintiff offered evidence tending to prove the facts alleged in his declaration; and no evidence was offered to the contrary. On the question of damages, the only evidence was an auditor’s report, finding the whole damage to be $1689, of which the damage to the buildings was found to be $1200. The plaintiff was a witness, and testified, on…
1Opinion of the Court
By the Court.
The transactions between the insurers and the owners of the property injured were matters in which the wrongdoer had no concern, and which do not affect the measure of his liability. Clark v. Wilson, 103 Mass. 219.
Exceptions overruled.
2Cases cited1 opinion
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
3Cited by11 opinions
- Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891
- Texas & Pacific R'y Co. v. Levi & Bro.Texas Supreme Court · 1883
- Anderson v. MillerTennessee Supreme Court · 1896
- Long v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1910
- Dillon v. HuntSupreme Court of Missouri · 1891
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