57 Pa. Super. 355 | Pa. Super. Ct. | 1914
Opinion by
The plaintiff had purchased and was the owner of a used Pierce Arrow automobile which an employee left standing in an alley near the door of a garage. ' The
We are not convinced that the proposition contained' in the fifth assignment of error was admissible. It was an offer to prove that the defendant purchased a car body for $450 of the same character as that which was injured — a comparatively new body. This offer was made in mitigation of damages as appears from the argument of the learned counsel for the appellant. If it had been a proposal to prove the market value of a body of the kind and condition owned by the plaintiff before the injury we think it would have been admissible, but proof that the defendant obtained a body of that kind is by no means the same thing. If the plaintiff had an opportunity to go into the market and replace the car body evidence bearing on the market value of the thing to be bought would be competent as casting light on the extent of the whole of the plaintiff’s loss. It would not be admissible for the purpose of fixing the amount of the damage, however, as there was evidence of other injury to the car. It would be a consideration to be taken into account by the jury in determining
The judgment is reversed with a venire facias de novo.