Missouri, Kansas & Texas Railway Co. v. Data Wood

JAMES, Chief Justice.

Having considered the several assignments, we come to the conclusion that no error exists in the record, unless it be in regard to the measure of damages, and in the alleged improper argument of appellee’s counsel. To these matters we confine this opinion.

The effect of plaintiff’s testimony was that the articles of wearing apparel referred to in the first assignment of error had no market value. Her testimony in this respect was uncontradicted. The court, therefore, properly proceeding upon this theory in directing how the damages in such a case might be ascertained. The…