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

New York Central & R.R. (D)'s train hit Brower (P)'s wagon and harness. The accident killed P's horse, destroyed his wagon, and spilled P's goods all over the road. While P was still confused from the accident, third parties stole his goods. P sued for damages from the accident, including recovery for the stolen goods. D denied liability for the stolen goods because it was a result of third party intervention which broke the causal chain. The trial court ruled for P. D appealed.

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