Rudnick v. Jacobs

Wolcott, Chancellor,

delivering the opinion of the court:

The plaintiff relies upon two assignments of error.

1. The first is that the court erred in charging the jury as follows:

“In considering the damage to his automobile, if your verdict should be for the plaintiff, the measure of damages is the difference between the value of the automobile immediately before the accident and its value immediately after the accident.”

The plaintiff objects to this language as calculated to confuse the jury since there was no evidence before it of the value of the car before and after the accident. The only…