A Treatise On the Law of Trials in Actions Civil And Criminal volume 3
A Treatise On the Law of Trials in Actions Civil And Criminal volume 3
Seymour D Seymour Dwight Thompson
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Hekla Fire Ins. Co. , 58 Wis. 514, 515. § 3946. Damage to Party Walls — Mode of Estimating. "The court instructs the jury that if they believe from the evidence that the fire which occurred in the B — building on February 15, 1908, damaged by fire the building of plaintiffs, you will find for the plaintiffs the damage, if any was sustained by them, to the said build- ing, not exceeding the sum claimed, $4, 335. And in estimating such damage you will estimate the difference in value, if anything..., between FIRE INSURANCE. 2543 said building just before the fire occurred and the same building im- mediately thereafter that you may believe was approximately caused by the fire; such difference, if any, in value to be determined by the reasonable cost of repairing or restoring any damage or injury caused solely by the fire. "The court instructs the jury that the west wall of the plaintiffs' building is a party wall, and one-half of same belongs to plaintiffs to the second story, and all the balance belonged to the plaintiffs, but plaintiffs had the use of all the said wall, and the jury are instructed in this case, in estimating the plaintiffs' damages, to consider the dif- ference in value of this wall to their building as the same exists as the result of the fire afterwards.
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