Ivey v. McQueen
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Nath. Cook. 1. The measure of damages is generally the actual injury which the plaintiff in the particular case has sustained, and all the facts and circumstances which tend to show this actual injury are admissible evidence. — Sedgwick, 28-29-30. 2. No certain or positive rule can be laid down as to what facts or circumstances can be given in evidence. — See Johnson v. The State, at the present term.
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Error to the Circuit Court of Lowndes. Tried before the Hon. Nath. Cook. 1. The measure of damages is generally the actual injury which the plaintiff in the particular case has sustained, and all the facts and circumstances which tend to show this actual injury are admissible evidence. — Sedgwick, 28-29-30. 2. No certain or positive rule can be laid down as to what facts or circumstances can be given in evidence. — See Johnson v. The State, at the present term. They must depend upon each particular case. Very remote injuries are sometimes embraced in the assessment of damages. — Shaw v.…
1Opinion of the CourtChilton, J.
This was an action of trespass quare claumm fregit by the plaintiff in error against the defendant. Plea not .guilty. Judgment in the court below in favor of the plaintiff on the verdict of a jury for four dollars and forty-five cents damages and the same amount of cost, and against him for the remainder of the cost.
The question, as we understand the bill of exceptions, is substantially this, whether one whose timber is destroyed is entitled *410to recover the value of the timber in the neighborhood in which it is situated-, or may he recover what is its supposed value to the owner of it, based…
2Cases cited1 opinion
- Gregory v. McDowelNew York Supreme Court · 1832
3Cited by9 opinions
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Irion v. LewisSupreme Court of Alabama · 1876
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Brown v. LeekSupreme Court of Alabama · 1930
- Gowan v. Wisconsin-Alabama Lumber Co.Supreme Court of Alabama · 1926
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