Pasadena State Bank v. Isaac

Decision Date08 March 1950
Docket NumberNo. A-2377,A-2377
Citation228 S.W.2d 127,149 Tex. 47
PartiesPASADENA STATE BANK v. ISAAC.
CourtTexas Supreme Court

James G. Donovan, Pasadena, Joe D. Jarrard, Jr., Pasadena, Morris Pepper, Houston, Fred Lewis, Houston, for petitioner.

Henson, Coleman, Foster & Walker, Pasadena, T. Jay Foster, Pasadena, for respondent.

HARVEY, Justice.

The Pasadena State Bank sued J. B. Isaac, doing business as the Pasadena Transfer Company, for damages to an electrical accounting machine belonging to the bank which Isaac had been employed to move from one location to another. In the handling of the machine by Isaac's employees it was so badly damaged that it had to be returned to the manufacturer for repairs. The total cost of repairs was $979.39, of which sum $600 was for new parts and the remaining $379.39 covered labor and transportation costs to and from the factory. The bank sued for the total cost of repairs, the case being tried before the court without a jury, and judgment was entered in favor of the defendant. Upon appeal to the Court of Civil Appeals the judgment of the trial court was reversed and rendered in favor of the Pasadena State Bank for the sum of $379.39, the labor and transportation costs. On this appeal no issue is presented with reference to liability, the defendant having been found guilty of certain acts of negligence, which were the proximate cause of the damages to the machine, and the plaintiff having been found not guilty of contributory negligence, with sufficient evidence in the record to sustain these findings.

The trial court filed its findings of fact and conclusions of law which reflected that the machine, when new, cost $1,700; that after it had been damaged through the defendant's negligence it was susceptible to repairs and that plaintiff had spent the sum of $979.39 therefor which sum was reasonably necessary to restore the machine to the same condition it was in immediately before it was damaged; that $600 of the repair bill was expended for new parts and the remainder was for labor and transportation costs, as indicated above; that no evidence was introduced by the plaintiff to show the relative value of the machine immediately before it was damaged and immediately after it had been damaged; that the repairs, as made, did not include any 'innovations' or 'new features' but only covered repairs necessary to restore the machine to its former operating condition in all respects; that such repairs were reasonable and necessary and did restore the machine to the same condition it was in immediately before being damaged. The trial court concluded that the burden of proof was on the plaintiff to show the market value of the machine immediately before and after the accident in which it was damaged, and that such court could not properly enter a judgment based upon the reasonable necessary cost of repairs alone, inasmuch as such a judgment would not take into account the evident possibility that the market value of the machine after its repair might exceed the market value of the machine immediately before the accident. Accordingly, judgment was rendered that the Pasadena State Bank, plaintiff, recover nothing from the defendant.

The Court of Civil Appeals reversed the judgment of the County Court at Law of Harris County and rendered judgment for the plaintiff, Pasadena State Bank, for the sum of $379.39, the labor and transportation costs, and made the observation in its opinion that such costs did not effect any enhancement in value of the machine. 222 S.W.2d 181.

The basic reason underlying rules for the ascertainment of damages for any tortious act is a fair, reasonable, and proper compensation for the injury inflicted as a proximate result of the wrongful act complained of. The general rule for measuring damages to personal property is the difference in the market value immediately before and immediately after the injury to such property at the place where the damage was occasioned. This principle of law is of such universal application that it would be trite to cite authorities from the many jurisdictions that follow the rule. See annotations in 169 A.L.R., p. 1075, et seq.

Different factual situations, however, soemtimes require a somewhat different yardstick...

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99 cases
  • City of Tyler v. Likes
    • United States
    • Supreme Court of Texas
    • February 13, 1998
    ...of its value. As a rule, this is measured by the property's market value or the cost of repairing it. See Pasadena State Bank v. Isaac, 149 Tex. 47, 228 S.W.2d 127, 128-29 (1950). In some cases, however, the damaged property consists of "articles of small market value" that "have their prim......
  • J & D Towing, LLC v. Am. Alt. Ins. Corp.
    • United States
    • Supreme Court of Texas
    • January 8, 2016
    ...law is that of compensation for the injury caused to the plaintiff by the defendant's breach of duty.").15 Pasadena State Bank v. Isaac, 149 Tex. 47, 228 S.W.2d 127, 128 (1950).16 See Nelson v. Krusen, 678 S.W.2d 918, 924–25 (Tex.1984).17 1 Dan B. Dobbs, Law of Remedies § 3.1, at 281 (2d ed......
  • Greaves v. Shippers Stevedoring Co.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • March 9, 2011
    ...are measurable as the difference in market value immediately before and after the injury.” Id. (citing Pasadena State Bank v. Isaac, 149 Tex. 47, 228 S.W.2d 127, 128 (1950)). “If the property has no market value and can be replaced, replacement costs are the proper measure of damages.” Id. ......
  • Wise Elec. Coop., Inc. v. Am. Hat Co.
    • United States
    • Court of Appeals of Texas
    • September 17, 2015
    ...situations may dictate the application of a different valuation of the damage to the property. See Pasadena State Bank v. Isaac, 149 Tex. 47, 50, 228 S.W.2d 127, 128 (Tex.1950) ; Celanese Ltd., 75 S.W.3d at 598. For example, the personal property might be totally destroyed or may have no fa......
  • Request a trial to view additional results
1 books & journal articles
  • Chapter 12-2 Issues of Excessive or Double Recovery
    • United States
    • Full Court Press Texas Commercial Causes of Action Claims Title Chapter 12 Defensive Issues Relating to Damages
    • Invalid date
    ...ref'd n.r.e.).[49] Hartley v. Schwab, 564 S.W.2d 829, 831 (Tex. App.—Amarillo 1978, writ ref'd n.r.e.).[50] Pasadena State Bank v. Isaac, 149 Tex. 47, 228 S.W.2d 127, 129 (1950).[51] Mondragon v. Austin, 954 S.W.2d 191 (Tex. App.—Austin 1997, pet. denied).[52] Metro Ford Truck Sales, Inc. v......

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