Longworth v. McGrath

The sole error pursued on the appeal is the inclusion in the verdict of the sum of $140 for the loss of use of the plaintiff’s automobile. The only evidence of loss of use was that of the plaintiff, who testified that the fair and reasonable rental value of a car such as the one injured per day was $10, exclusive of the cost of a driver and of gas and oil and taking into consideration the depreciation, that is, the wear and tear on it every day. Because plaintiff testified that he had never hired a car of this type, the defendant appellant Wihbey claims that his testimony upon this…