Graham
Graham v. Cohen
Opinion
Lead Opinion
Hollzer, J.
This is an action brought to recover the value of five diamonds stolen from the plaintiff and later purchased by the defendants, who in turn disposed of the same.
The plaintiff recovered judgment in the sum of $900. The only point involved on this appeal is the contention of the defendants that the evidence is insufficient to sustain the lower court’s finding as to the value of said diamonds.
The plaintiff testified that three of the diamonds were worth " approximately around $250 each.” With respect to the other two diamonds her testimony was as follows: ”Q. And the two diamonds in the ring which was set with the two diamonds and the ruby, what were they worth each ? A. The two diamonds each? Q. Yes? A. Well I couldn’t say what they were worth each. I should judge the entire ring including the ruby was worth $250.00.”
No other evidence was offered touching the question of the value of the jewelry.
There is no doubt under the authorities that the owner of an article, whether he is generally familiar with such value or not, is entitled to testify as to its worth, and that a finding of value based upon such evidence may not be disturbed on appeal. (Hood v. Bekins etc. Co., 178…