Kincaid

Kincaid v. Dunn

Good Law
1915 Cal. App. LEXIS 181·26 Cal. App. 686·148 P. 235
Court of Appeal of CaliforniaMarch 1, 1915Civ. No. 1663.California744 words

Opinion

Lead Opinion

Shaw, J.

Action for damages. The complaint charged defendants with so negligently driving an automobile that it ran into and collided with plaintiff’s automobile, injuring it to his damage in the sum of three hundred and fifty dollars.

The court gave judgment for plaintiff, from which and an order denying their motion for a new trial, defendants appeal.

Appellants’ chief contention is that the evidence is insufficient to support the finding of the court that plaintiff’s automobile was damaged in the sum of $310.85. Por the purpose of ascertaining the damage, plaintiff was permitted, without objection on the part of defendants, to testify as to the cost of repairing the car. Appellants now insist that such evidence was erroneously admitted for the reason that the measure of damage was the difference in the value of the car before and after the injury. Section 3333 of the Civil Code, provides: “Por the breach of an obligation not arising from contract, the measure of damages, ... is the amount which will compensate for all of the detriment pr-oximately caused. ’ ’ This detriment, in the absence of total destruction of the property, is the difference in the value of the property immediately…

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