Chandler v. Bush
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This was an action by appellee against appellants for breaking into and entering a house and removing a lot of household and kitchen furniture. The only error assigned is in reference to the question and answer thereto, referred to in the opinion. cited 19 Ala. 185; 42 Ala. 83. "Wharton on Ev. § 510; 63 Ala. 275; .67 Ala. 301; 49 Ala. 412.
1Opinion of the CourtSomerville, J.
The Circuit Court erred in allowing the question propounded to the plaintiff as ,to the amount of damages, which, in his judgment, he had suffered by reason of the alleged trespass in breaking and entering his house and the removal of his furniture. The question involved not only the damage done to the furniture, and the value of what may have been proved to be lost, but also an estimate of any exemplary or punitive damages to which the witness thought himself entitled. His opinion as to this matter was not admissible.' — Montgomery & West Point R. R. Co. v. Varner, 19 Ala. 185; Ala. & Fla.…
2Cases cited2 opinions
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
- Montgomery & West Point Railroad v. VarnerSupreme Court of Alabama · 1851
3Cited by7 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Young & Co. v. CuretonSupreme Court of Alabama · 1888
- Troy Lumber & Const. Co. v. BoswellSupreme Court of Alabama · 1914
- London & Scottish Assur. Co. of London v. SmithSupreme Court of Alabama · 1935
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