Calvert Fire Ins. Co. v. McClintic, 3188
| Citation | 267 S.W.2d 568 |
| Decision Date | 01 April 1954 |
| Docket Number | No. 3188,3188 |
| Parties | CALVERT FIRE INS. CO. v. McCLINTIC. |
| Court | Texas Court of Appeals |
Biggers, Baker, Lloyd & Carver, Dallas, for appellant.
Bradley & Geren, Groesbeck, for appellee.
Appellee, as plaintiff, sued appellant Insurance Company on an automobile collission policy. Appellee, in May 1952, purchased a new Packard four-door sedan for $3,306 and at the same time purchased a policy of insurance insuring against collision, from appellant. On 30 November 1952 the car was in a collision in McLennan County. Appellee, who resides in Limestone County, brought suit on the policy in Limestone County alleging that the car was worth $2,995 prior to the loss and $100 after the loss, and prayed judgment for the difference, less $100 deductible, as damages.
Appellant answered pleading a provision of the policy which permitted the Insurance Company to repair a damaged vehicle if it were repairable, and alleged that the cost of repairs to the car was $1,493 and tendered same; and in the alternative, that the car was worth $2,000 prior to the collision and $428 after the collision.
Trial was to the Court without a jury, which found the car to be worth $2,995 before the collision and $400 after the collision, and rendered judgment for appellee for $2,495 (the difference in value before and after the collision less $100 deductible). The Trial Court filed Findings of Fact and Conclusions of Law.
Appellant Insurance Company appeals to this Court upon 3 Points: (1) That there was no competent evidence to support the Trial Court's finding that the value of the car before loss in McLennan County was $2,995. (2) That there was no competent evidence to support the Trial Court's finding that the car could not be repaired. (3) That the Court erred in finding that the appellee was entitled to interest from the date of loss.
In connection with appellant's 1st Point that there was no competent evidence to support the Trial Court's finding that the value of the car before loss in McLennan County was $2,995, it is contended that the proof offered concerned the value of the car in Limestone County and not in McLennan County, and that the testimony offered was incompetent because the witnesses were not qualified.
An examination of the record reveals that the car sold for $3,306 six months prior to the collision; and that at the time of collision it had only 16,000 miles on it. Appellee testified that he was acquainted with the value of new and comparatively used Packards and that the market value of his car before it was damaged was $28,95 to $3,000 around Waco. The witness Pelham testified he had been in the business of repairing automobiles for 28 years and that he kept up with the price of automobiles in this vicinity generally; that he had worked on appellee's car just prior to the collision and such car was in perfect shape on 30 November 1952; that the reasonable cash market value of appellee's automobile in Limestone and McLennan Counties prior to the wreck was around $2,900 to $3,000.
It is our view that the evidence amply supports the finding of the Trial Court that the value of the car before loss in McLennan County was $2,995. The witnesses mentioned testified as to their opinion of value in McLennan County and what they placed that value at. The question of qualification of a witness on the issue of...
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