70 So. 208 | Ala. Ct. App. | 1915
Action by appellee, Condon, against appellant, Hill, for injuries done to the former’s automobile by the latter’s
In 1 Sutherland'ón Damages' (3d Ed.) p. 406, it is said: “Nor will proof of money paid to the injured party by an insurer nr third person by reason of the loss or injury be admissible to reduce damages in favor of the party by whose fault the injury was done. * * * The payment of such moneys not being procured by the defendant, and they not having been either paid or received to satisfy in whole or in part his liability, he can
This doctrine has received the sanction of our own Supreme Court, and been applied in the case of Long, et al. v. Kansas City, Memphis & Birmingham Ry. Co., 170 Ala. 641, 54 South. 62.
The objectionable feature of the question seeking to elicit the answer mentioned, to-wit, “What was the cost of the repairs you had made on the car?” was, after being answered by the witness in a statement to the effect that the Drennen Motor Car Company charged her $87.58, cured by the subsequent question to her, to-wit, “That was a reasonable amount to pay for the
Parties may try their cases on illegal evidence, if they choose to do so.—Higdon v. Kennemer, 112 Ala. 167, 20 South. 313; Moon v. Crowder, 72 Ala. 79.
We have discussed all the errors assigned, and, as we find none, the judgment appealed from is affirmed.
Affirmed.