Jones v. Railway
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge. Jones sued the St. Louis, Iron Mountain and Southern Railway Company for killing a colt in White county, valued at $1,000.00. Before the trial defendant moved to suppress certain parts of the depositions of witnesses who resided at Leslie, Michigan, tending to prove the value of the colt at that place. The testimony was excluded.
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APPEAL from White Circuit Court. M. T. Sanders, Judge. Jones sued the St. Louis, Iron Mountain and Southern Railway Company for killing a colt in White county, valued at $1,000.00. Before the trial defendant moved to suppress certain parts of the depositions of witnesses who resided at Leslie, Michigan, tending to prove the value of the colt at that place. The testimony was excluded. Subsequently plaintiff showed that there was no adequate local market for such an animal at the place of killing. There was a verdict for the plaintiff in the sum of $400.00. Plaintiff appealed, alleging as error…
1Opinion of the CourtHemingway, J.
For an injury to property the owner is entitled to be compensated by a recovery against the wrongdoer to the extent of his injury. If personal property be damaged to the extent of destruction, its owner may have compensation by a recovery of its value at the time and place of its destruction. The correct rule for measuring the damage is found in a statement of the right, and about it there is no room for difference. But difficulty in applying the rule in different cases has arisen in determining what evidence is competent to prove the value of property destroyed.
To establish value, as to…
2Cited by9 opinions
- Evans v. MoseleySupreme Court of Kansas · 1911
- Clear Creek Oil & Gas Co. v. BushmaierSupreme Court of Arkansas · 1924
- Collins v. United Brokers Co.Oregon Supreme Court · 1921
- St. Louis Southwestern Railway Co. v. KilberrySupreme Court of Arkansas · 1907
- Weeks v. Hosch Lumber Co.Supreme Court of Georgia · 1909
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