Birmingham Railway Light & Power Co. v. Hinton
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action' by Walter L. Hinton against the Birmingham Ry. L. & P. Co., to recover as damages the value of certain household goods alleged to have been destroyed by fire set out by one of defendant’s engines. Charge 1, was as follows: If the jury find for the plaintiff they can assess no more than nominal damages in this case. Judgment for plaintiff and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action' by Walter L. Hinton against the Birmingham Ry. L. & P. Co., to recover as damages the value of certain household goods alleged to have been destroyed by fire set out by one of defendant’s engines. Charge 1, was as follows: If the jury find for the plaintiff they can assess no more than nominal damages in this case. Judgment for plaintiff and defendant appeals. It is elementary, that the measure of damages is the market value of the goods at the time and place where they were destroyed, and the jury were not authorized…
1Opinion of the CourtAnderson, J.
— The witness was the owner of the goods and was familiar with them, and this was the only predicate essential to an opinion from him as to their value. —Southern R. R. Co. v. Morris, 143 Ala. 631, 42 South. 17, and authorities there cited. The plaintiff testified as to the worth of the goods, and this evidence was to be considered by the jury in determining the value of same. It may be that the cost of same could not have been shoAvn as evidence of their value, or, if the witness had not knowledge' of their value and based his estimate solely on what they cost, that an opinion advanced by…
2Cases cited3 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
- Denver, South Park & Pacific R. R. v. FrameSupreme Court of Colorado · 1882
3Cited by9 opinions
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- White v. HenrySupreme Court of Alabama · 1950
- Liverpool London Globe Ins. Co. v. DickinsonSupreme Court of Alabama · 1943
- Louisville N. R. Co. v. CarterSupreme Court of Alabama · 1925
- Lary v. GardenerCourt of Civil Appeals of Alabama · 2005
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