74 P. 220 | Or. | 1903
after stating the facts as above, delivered the opinion of the court.
“You will therefore assess the value of the whole lot of hops in question, as described in the complaint, remembering the limit, the minimum price being $2,300 and the maximum price' being $2,700, and you will be entitled to find the value at any time between the time of taking the hops on the 23d day of October and the present time. The defendant would be entitled to recover on the question of value the highest market price between the time of the taking and the present time. The measure of his damages would be the interest on the value of the hops from the time of taking at the rate of six per cent per annum until the present time.”
The plaintiff’s counsel, -having excepted to that part of the charge, contend that the court erred in giving it. The statute prescribing the form of judgments to be rendered in actions of this kind is as follows: “In an action to recover the possession of personal property, judgment for
The compensation which the prevailing party is entitled to recover when he cannot secure the possession of personal property of which he has been deprived is well settled, but at what time the value thereof should be determined by the jury, the decisions of the courts are not in accord. Mr. Shinn, in his work on Replevin (section 626), in discussing this question, says: “Upon a casual examination of the decisions and of different statutes regarding the time which shall be considered by the jury as that at which the value shall govern, the cases seem to divide themselves into two distinct classes; but upon a more minute examination it is found that the distinction between the classes is more apparent than real. The courts
“The primary purpose of replevin,” says Mr. Justice Agnew, in Herdic v. Young, 55 Pa. St. 176 (93 Am. Dec. 739), “is to recover the property in specie, not its value.” A text-writer, in distinguishing between the compensation to be awarded to the injured party in certain cases, says: “The essential distinction between trover and replevin as regards the rule of damages, aside from the element of
The value of property being assessed at the time the verdict was rendered would necessarily exclude the allowance of interest as damages, except possibly for the retention of money in specie, but damages for the use of property that could be employed might be awarded : Coffin v. Taylor, 16
Conditionally Affirmed.