Kesterson v. Hays
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; J. B. Baker, Judge; 1. It was error to allow the witness to testify as to the fair market value of the fruit. The witness was not an expert nor was she shown to have had any knowledge of the value of fruit save and except store fruit at her home in Illinois. The real test was the market value of fruit at Cotter, where it was seized. This is too well settled to even cite authorities. 2. It was error to direct a verdict for appellee.
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Appeal from Baxter Circuit Court; J. B. Baker, Judge; 1. It was error to allow the witness to testify as to the fair market value of the fruit. The witness was not an expert nor was she shown to have had any knowledge of the value of fruit save and except store fruit at her home in Illinois. The real test was the market value of fruit at Cotter, where it was seized. This is too well settled to even cite authorities. 2. It was error to direct a verdict for appellee. There was a question for a jury. 206 S. W. 491; lb. 143. Bessie Hays’ testimony was not sufficient and she was really impeached…
1Opinion of the CourtMoCULLOCH, C. J.
This is an action instituted by appellee against appellant to recover damages for certain personal property, of comparatively insignificant value, alleged to have been wrongfully converted by appellant. There was an issue in the case as to the ownership of the property, and also an issue as to the market value thereof. After all the testimony had been introduced, the court took away from the consideration of the jury the issue as to ownership of the property and directed a verdict in favor of appellee, but submitted the question of value in the assessment of damages for the conversion of the…
2Cases cited2 opinions
- St. Louis & San Francisco Railroad v. ShoreSupreme Court of Arkansas · 1909
- Chunn v. London & Lancashire Fire InsuranceSupreme Court of Arkansas · 1916
3Cited by5 opinions
- Cecil Powers v. Continental Casualty Company and St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Eighth Circuit · 1962
- Woodmen of the World Life Insurance Society v. ReeseSupreme Court of Arkansas · 1943
- Allen v. Bagley and F. H. Sav. L. Assn.Missouri Court of Appeals · 1939
- Boston Ins. v. FarmerSupreme Court of Arkansas · 1962
- Superior Iron Works v. McMillanSupreme Court of Arkansas · 1962