Fact:
The cottage of mrs. Moss was destroyed by fire caused by a spark from the defendant’s steam roller.
Issue:
Was the damages fair for rebuilding the cottage and making habitable as before?
Judgment:
It was held that the measure of damage was not the fair cost of rebuilding the cottage and making it was good and habitable as before ,but the difference between the money value of M’s interest before and after the fire.
Reasoning:
Where a thing is partially damaged the plaintiff can recover the amount by which the value is reduced.
The cottage of mrs. Moss was destroyed by fire caused by a spark from the defendant’s steam roller.
Issue:
Was the damages fair for rebuilding the cottage and making habitable as before?
Judgment:
It was held that the measure of damage was not the fair cost of rebuilding the cottage and making it was good and habitable as before ,but the difference between the money value of M’s interest before and after the fire.
Reasoning:
Where a thing is partially damaged the plaintiff can recover the amount by which the value is reduced.
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