Monahan v. Scott Cleaning Co.
| Decision Date | 02 May 1922 |
| Docket Number | No. 17173.,17173. |
| Citation | 241 S.W. 956 |
| Parties | MONAHAN v. SCOTT CLEANING CO. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; Franklin Ferriss, Judge.
"Not to be officially published."
Action by Abbie Monahan against the Scott Cleaning Company. Judgment for plaintiff, and defendant appeals. Affirmed.
Corley & Fisher, of St. Louis, for appellant Louis B. Sher, of St. Louis, for respondent.
Plaintiff, a housewife, crocheted by hand a bedspread of a special design and pattern, the same being two yards long and two and one-half yards wide, using for the purpose 186 spools of fine thread. She sent the spread to the defendant to be cleaned, and in some manner it became lost, and was not returned to her. The present action is to recover its value. Plaintiff had judgment below, after a trial before a jury, for the sum of $250, from which defendant appeals.
Defendant concedes its liability in the case, and contested only the question of the value of the spread.
It is urged here by defendant that the court erred in giving an instruction on the measure of damages as follows:
"If the jury find for plaintiff they will award her what they find from the evidence to be the fair and reasonable value of the spread, taking into consideration the labor and material involved as shown by the testimony."
It is also claimed that the court erred in refusing to give an instruction on the measure of damages offered by the defendant, which was to the effect that the verdict of the jury should be for such sum as they find from the evidence to be the fair market value of the spread.
We perceive no error in the court's action under the testimony presented in the record. As stated, the spread was of a special design and pattern, and it is apparent from the testimony that it had no established market value. Of course, if there was a market value for such character of property, that would primarily be the true measure of damages. But where, as here, such an article has not been sufficiently bartered and sold to have a market value, then its value must be determined in some other way. In the present case the court so ruled, and permitted witnesses, who qualified for the purpose, to testify both for the plaintiff and the defendant as to the reasonable value of the property, taking into consideration the work and labor and time spent in its manufacture. Two witnesses, who qualified as experts, and were in the business...
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...may testify as to the value of such articles, even though he has not seen the specific property involved in the lawsuit. Monahan v. Scott Cleaning Co., 241 S.W. 956 (St. L.C. of App.); Steinburg v. Levy, 236 S.W. 909 (St. L.C. of App.); Harris v. Quincy, O. & K.C. Ry. Co., 115 Mo. App. 527,......
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