Louisville & Nashville Railroad v. Stewart
Mississippi Supreme Court
From the circuit court of Hancock county. Hon. Thaddeus A. Wood, Judge. Mrs. Stewart, the appellee, was the plaintiff, and the railroad company was defendant in the court below. The plaintiff shipped a car load of furniture and household effects, including several oil portraits, from Bay St. Louis, Mississippi, to New Orleans, Louisiana.
Read the full summary
From the circuit court of Hancock county. Hon. Thaddeus A. Wood, Judge. Mrs. Stewart, the appellee, was the plaintiff, and the railroad company was defendant in the court below. The plaintiff shipped a car load of furniture and household effects, including several oil portraits, from Bay St. Louis, Mississippi, to New Orleans, Louisiana. The furniture was badly damaged and the portraits destroyed when it reached New Orleans, and the plaintiff sued to recover damages because thereof. On the trial she made out her case except as to the portraits. The state of the evidence touching their value…
1Opinion of the CourtWhitfield, C. J.
The court excluded the hearsay testimony of Mrs. Stewart as to the value of the oil portraits, and there was no evidence before the jury as to cost. Nor was there any as to what it would cost to replace or restore them; nor any of any kind except that she was allowed to answer as to what they were worth to her from the associations connected with them, they being family portraits, their purely sentimental value in other words. This is not competent.
The true rule in such cases is not to inquire as to market value, since such articles have no market value, but to show the ‘ ‘ actual value to…
2Cases cited2 opinions
- International & G. N. R'y Co. v. NicholsonTexas Supreme Court · 1884
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- State Stove Manufacturing Company v. HodgesMississippi Supreme Court · 1966
- Emerson v. Empire Fire & Marine Ins. Co.Supreme Court of Louisiana · 1981
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Kahn v. ColeCourt of Appeals of Texas · 1921
- King v. United StatesDistrict Court, D. Colorado · 1968
3 more not listed; retrieve them via the Exa API.