Littlejohn v. Elionsky

The only claim pursued upon this appeal is that the trial court erred in its instruction to the jury as to the damages recoverable by the plaintiff for injury to his automobile. The plaintiff offered evidence and claimed to have proved that at the time of the collision his car was reasonably worth $935 to $950, and was a total loss but was sold for $100. The defendant’s claim of proof was that the automobile was not totally destroyed, but could be and was repaired at a cost of $400. The charge complained of was: “If you find for the plaintiff you will assess such damages as you feel will…