In this trover action plaintiff was awarded his property and its hire following a trial by jury. Defendant’s appeal is limited to (1) the admissibility of plaintiffs opinion evidence with regard to the amount of the property’s hire and (2) a portion of the court’s charge.
1. Defendant contends plaintiffs opinion evidence of the property’s hire was inadmissible because it constituted hearsay. While plaintiff testified he obtained information from two named furniture rental firms as to the rental value of his property, he added that he formed his own opinion of his property’s hire. "Evidence of value
*382
is not to be excluded merely because the valuation fixed by the witness as a matter of opinion depends on hearsay, hence the testimony of the witness is not objectionable for the reason stated.
Gulf Refining Co. v. Smith,
Appellant’s reliance on the case of
Harper v. Harper,
2. In part, the trial court charged the jury as follows: "The plaintiff has elected to recover . . . the specific property which was converted by the defendant and its hire from the date of conversion to the date of your verdict ...” Defendant contends that in charging the jury thusly, the court expressed its opinion as to what had been proved.
"'On review the charge must be considered asa whole and each part in connection with every other part of the charge.’
Zayre of Ga. v. Ray,
Considering the charge as a whole, it cannot be said the court expressed or intimated its opinion as to what had been proved. Following the portion of the charge quoted above, the court instructed the jury: "In the event that you find that the plaintiff is entitled to recover the form of your verdict would be, 'We, the jury, find in favor of the plaintiff for,’ and you would then specify the specific property which you find from the evidence has been converted by the defendant, if you find any such property has been converted.” Elsewhere appeared similar expressions of impartiality and of the jury’s duty to determine in accordance with the evidence and rules of law given in charge as to the right of the plaintiff to recover. There was no error.
Judgment affirmed.
