Brauer v. N.Y. Central & H.R.R. Co.

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Brauer v. N.Y. Central & H.R. R. Co.

Defendants' trail collided with Plaintiff's wagon which resulted in the death of Plaintiff's horse and theft of Plaintiff's property by third parties. The trial court ruled in favor of Plaintiff.

The issue on appeal was whether Plaintiff be able to recover the value of the stolen goods (a keg of cider, few empty barrels and a blanket) from Defendant.

The Court of Appeal ruled in favor of Plaintiff. The Court held that the act of thieves did not intervene between Defendant's negligence and Plaintiff's loss. The Court noted that the two causes were to all pratical intents simultaneous and concurrent.

The Rule of the Case is that the act of a third person intervening and contributing a condition necessary to the injurious effect of the original negligence, will not excuse the first wrongdoer, if such act ought to have been foreseen.