Central of Georgia Ry. Co. v. Main

• Court: Supreme Court of Alabama
• Writing for the Court: TYSON, J.
• Citation: 33 So. 480,135 Ala. 451
• Parties: CENTRAL OF GEORGIA RY. CO. v. MAIN.
• Decision Date: 20 January 1903

33 So. 480

135 Ala. 451

CENTRAL OF GEORGIA RY. CO.
v.
MAIN.

Supreme Court of Alabama

January 20, 1903

Appeal from circuit court, Bullock county; A. A. Evans, Judge.

Action by W. C. Main against the Central of Georgia Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.

G. L. Comer, for appellant.

T. S. Frazer, for appellee.

TYSON, J.

The single assignment of error is predicated upon the refusal of the trial court, upon objection, to permit defendant, on cross-examination, to ask plaintiff how much he paid for the mule some three months prior to its being killed by one of defendant's locomotives. The purpose of the inquiry, it is fairly inferable, was to show the market value of the mule at the time and place it was killed; the place being some 24 miles distant from where the plaintiff purchased it. The price paid by plaintiff was not a fact on which any reasonable inference as to the market value of the mule, at the time and place it was killed, could be based. Roden v. Brown, 103 Ala. 324, 15 So. 598; Railroad Co. v. Moore, 109 Ala. 393, 19 So. 804; Clothing Co. v. Lischkoff, 109 Ala. 136, 19 So. 436.

Affirmed.