This section contains the nature of the case and procedural background.

An accident occurred in which P's horse was killed, and his wagon and harness, and the cider and barrels with which the wagon was loaded, were destroyed. The contents of the wagon, consisting of empty barrels and a keg of cider, were scattered and probably stolen by people at the scene of the accident. The driver was so stunned that one of the railroad detectives found him immediately after the collision in a fit. The two railroad detectives on the freight train to protect its property did nothing to protect the P's property. There was no doubt that D was liable for the accident, but a controversy arose over the right for P to recover for the value of the barrels, cider, and blanket. The trial judge awarded P the damages for the barrels, cider, and blanket. D appealed.

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