Granade v. United States Lumber & Cotton Co.

On Rehearing.

THOMAS, J.

1. The court is invoked on rehearing by counsel for the appellee to declare whether the learned trial court has defined the measure of damages, in the event recovery on the trover count may be had. The jury were instructed in accordance with the decisions of this court extending from Jenkins v. McConico, Adm’r, etc., 26 Ala. 213, to Ford v. Bradford, 218 Ala. 62, 65, 117 So. 429; the rule being, where the thing converted has a fixed value, the measure of damages is that value at the time of the conversion with legal interest; if its value is fluctuating, the jury may,…