36 A.2d 52 | Conn. | 1944
The only claim pursued upon this appeal is that the trial court erred in its instruction to the jury as to the damages recoverable by the plaintiff for injury to his automobile. The plaintiff offered evidence and claimed to have proved that at the time of the collision his car was reasonably worth $935 to $950, and was a total loss but was sold for $100. The defendant's claim of proof was that the automobile was not totally destroyed, but could be and was repaired at a cost of $400. The charge complained of was: "If you find for the plaintiff you will assess such damages as you feel will adequately compensate him . . . for the damage to his automobile, and in connection with that damage, I charge you that if he prevails, he is entitled to recover the reasonable market value of the car as it was before the collision, and from that should be deducted the market value of the car as it was after the collision. I believe the evidence was that the value was $935 or $950 before the collision, and that the remains of the car were worth $100 on the market after. So the difference between those figures would be the extent of that damage."
The first sentence states the correct rule, except that it does not provide for interest from the date of loss. Bullard v. de Cordova,
The correct rule is well stated in Hawkins v. Garford *543
Trucking Co., Inc.,
In Bullard v. de Cordova, supra, the damaged automobile *544 was sold for $60. The defendant offered evidence that the purchaser had made repairs which put it in as good condition after the accident as it was before, at a cost of $400. In its charge to the jury, the court ignored the defendant's claim of proof, and we said that the jury could properly arrive at their verdict only by considering this evidence, as well as that offered by the plaintiff, as to the price for which the car was sold. Had the defendant ordered such evidence in the present case, it would have been the duty of the jury to consider it, under proper instruction. In the absence of such evidence, the mere claim that the car was repaired at an expense of $400 was properly ignored by; the court.
There is no error.
In this opinion the other judges concurred.