Arena v. MacMurray

85 Pa. D. & C. 416, 1953 Pa. Dist. & Cnty. Dec. LEXIS 326
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedMarch 9, 1953
Docketno. 564
StatusPublished

This text of 85 Pa. D. & C. 416 (Arena v. MacMurray) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arena v. MacMurray, 85 Pa. D. & C. 416, 1953 Pa. Dist. & Cnty. Dec. LEXIS 326 (Pa. Super. Ct. 1953).

Opinion

Sohn, J.,

This case involves an action in trespass for damages to plaintiff’s tractor-trailer. The case was tried before the court and a jury and resulted in a verdict in the sum of $500 in favor of plaintiff against C. Eugene MacMurray. At the close of plaintiff’s case, a nonsuit was entered with respect to other defendant, Edna MacMurray. Defendant, C. Eugene MacMurray, filed a motion for a new trial and also moved for judgment non obstante veredicto. At the argument of the case, the motion for the new trial was abandoned. The motion for this judgment was based upon the following submitted points:

1. Under all of the evidence your verdict must be for defendant.

[418]*4183. (a) The damages to tires being included in the difference of the value before and after, and no damage to tires being pleaded, the jury cannot guess how much to exclude from the damage claim. Therefore, damages cannot be awarded.

11. Plaintiff having failed to prove the measure of his damages, your verdict must be for defendant.

We will first consider whether the plaintiff failed to prove the measure of his damages. One measure of damages for injuries to an automobile is the difference between its fair market value before the accident and its fair market value afterwards: Price v. Newell, 53 Pa. Superior Ct. 628; Yeager v. Winton Motor Carriage Company, 59 Pa. Superior Ct. 506; Chubb v. Zentz, 80 Pa. Superior Ct. 430.

Two witnesses were called in order to prove the value of the tractor-trailer before the accident. LeRoy Leister, an assistant shop foreman who was familiar with the tráctor-trailer and had seen it many times, said it was worth $1,300 before the accident, and defendant himself gave that as his opinion as to its value before it was damaged. Leister could not give an opinion as to its value in its damaged condition. Plaintiff himself said that he had business dealings in tractors and trailers and that he had been in that kind of business for about 11 years. In that space of time he had owned five tractor-trailers. His cross-examination developed the fact that he had specific knowledge of his tractor-trailer in its damaged condition, that he had received estimates as to the cost of repairs, and as he said at one time in answer on cross-examination, “We figured up the whole thing.” He finally said that he received $800 for it in a trade-in in its damaged condition and that he based his opinion upon what it was worth after the accident upon this fact.

There are two possible methods by which plaintiff could qualify to estimate the value of the tractor after [419]*419the accident. The first is by the reason alone of being the owner of the property, and the second is by general qualifications and knowledge in addition to being the owner.

We will first consider whether being the owner of itself is sufficient to qualify plaintiff to estimate the value of the tractor after the accident. Although we can find no Pennsylvania cases directly dealing with an owner of an automobile to testify to its value, a recent case, Pavloff, Admx., v. Clairton, 146 Pa. Superior Ct. 158 (1941), lays down the general rule that an owner by virtue of being owner of personal property is qualified to give an opinion as to its value. Judge Kenworthey, writing for the Superior Court, says:

“In our opinion, plaintiff was qualified to give an opinion of the value of all the articles involved. The owner is deemed qualified, by reason of his relationship as owner, to give estimates of the value of what he owns regardless of his knowledge of property values, and the weight of such evidence is for the jury. Czerwinski v. National-Ben Franklin Fire Ins. Co., 138 Pa. Superior Ct. 84, 89, 10 A. (2d) 40; Esper v. Northwestern Nat. Ins. Co., 113 Pa. Superior Ct. 243, 173 A. 724. The rule has even been applied to real estate. Chauvin v. Superior Fire Ins. Co., 283 Pa. 397, 129 A. 326.” (Italics supplied.)

Other jurisdictions hold that an owner of an automobile may testify and estimate the value of the automobile. In Kohnle v. Carey, 80 Ohio App. 23, 67 N. E. 2d 98 (1946), the court at page 29 said:

“The testimony of Kohnle (the plaintiff), as to the value before and after the accident was admissible even though he admitted on cross-examination that he was not an expert on the value of wrecked cars. 17 Ohio Jurisprudence, 478, section 379, states;

[420]*420“ Tt is established in Ohio that the owner of personal property, because of such ownership, has a sufficient knowledge of its value to be qualified to give an opinion thereon which will be some evidence of the actual value, though not conclusive.’ ”

In Missouri the rule is the same. In State ex rel. v. McCullen et al., 357 Mo. 686, 210 S. W. 2d 68 (1948), at page 693, we find this statement:

“It has long been the rule that an ‘owner of an automobile without further qualification may testify as to its reasonable value, and the jury determines the weight and value of such testimony.’ ”

In Nebraska the case of Folken v. Union Pacific R. R. Co., 122 Neb. 193, 239 N. W. 831 (1932) applies the same rule. Quoting from page 198 of the opinion we find:

“The testimony of the plaintiff, owner of the truck, as to its value before and after the injury was competent to be submitted to the jury to be weighed for whatever the testimony seemed worth.”

In light of the recent Superior Court case of Pavloff v. Clairton, supra, and the cases from other jurisdictions, we find that Mr. Arena, the owner of the tractor-trailer, under the particular facts in this case, was qualified to testify as to its value. The weight to be given to such testimony is for the jury to determine. In the charge we said:

“Now, we say to you the weight or the value which you will give to Mr. Arena’s testimony is solely for you. ... You will have to determine whether these witnesses (as to value) knew what they were talking about and how much weight you will give to their testimony.”

We now come to the further question whether the plaintiff, in addition to being the owner, also possessed general qualifications and knowledge which would [421]*421render him competent to testify as to the value of the tractor after the accident.

The rule stated in Davis, Trustee, v. Southern Surety Co., 302 Pa. 21, 26, is as follows:

“Moreover, the question of the qualification of a witness to express an opinion is one for the discretion of the trial judge whose ruling thereon will not be reversed by an appellate court except in case of clear error: McCullough v. Holland Furnace Co., 293 Pa. 45; Com. v. Cavalier, 284 Pa. 311; Allegro v. Rural Val. Mut. F. Ins. Co., 268 Pa. 333; Ryder v. Jacobs, 182 Pa. 624; Altman v. Lande, 84 Pa. Superior Ct. 399; Com. v. Blankenstein, 81 Pa. Superior Ct. 340; Beck v. Phila. Auto Trade Asso., 59 Pa. Superior Ct. 145. Where the witness has even slight qualifications, permitting him to express an opinion will not be treated as error: Seaman et al. v. Husband, 256 Pa. 571; Stevenson v. Coal Co., 203 Pa. 316; D. & C. Steam Towboat Co. v. Starrs, 69 Pa. 36. The weight of thé opinion is of course for the jury. One, although not an expert, may give an opinion as to the value of property of the character and worth of which he has general knowledge: Wilhelm v. Uttenweiler, 271 Pa. 451; Jones v. R. R. Co., 151 Pa. 30, 47; Galbraith v. Phila. Co., 2 Pa. Superior Ct. 359.”

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Related

State Ex Rel. Spears v. McCullen
210 S.W.2d 68 (Supreme Court of Missouri, 1948)
Kohnle v. Carey
67 N.E.2d 98 (Ohio Court of Appeals, 1946)
Parsons Trading Co. v. Dohan
167 A. 310 (Supreme Court of Pennsylvania, 1933)
Davis v. Southern Surety Co.
153 A. 119 (Supreme Court of Pennsylvania, 1930)
Commonwealth v. Cavalier
131 A. 229 (Supreme Court of Pennsylvania, 1925)
McCullough v. Holland Furnace Co.
141 A. 623 (Supreme Court of Pennsylvania, 1928)
Chauvin v. Superior Fire Insurance
129 A. 326 (Supreme Court of Pennsylvania, 1925)
Czerwinski v. National-Ben Franklin Fire Insurance
10 A.2d 40 (Superior Court of Pennsylvania, 1939)
Commonwealth v. Blankenstein
81 Pa. Super. 340 (Superior Court of Pennsylvania, 1923)
Altman v. Lande
84 Pa. Super. 399 (Superior Court of Pennsylvania, 1924)
Pavloff, Admx. v. Clairton
22 A.2d 74 (Superior Court of Pennsylvania, 1941)
Esper v. Northwestern National Insurance
173 A. 724 (Superior Court of Pennsylvania, 1934)
Delaware & Chesapeake Steam Towboat Co. v. Starrs
69 Pa. 36 (Supreme Court of Pennsylvania, 1871)
Jones v. Erie & Wyoming Valley R. R.
25 A. 134 (Supreme Court of Pennsylvania, 1892)
Ryder v. Jacobs
38 A. 471 (Supreme Court of Pennsylvania, 1897)
Stevenson v. Ebervale Coal Co.
52 A. 201 (Supreme Court of Pennsylvania, 1902)
Seaman v. Husband
100 A. 941 (Supreme Court of Pennsylvania, 1917)
Allegro v. Rural Valley Mut. Fire Ins.
112 A. 140 (Supreme Court of Pennsylvania, 1920)
Wilhelm v. Uttenweiler
112 A. 94 (Supreme Court of Pennsylvania, 1920)
Galbraith v. Philadelphia Co.
2 Pa. Super. 359 (Superior Court of Pennsylvania, 1896)

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Bluebook (online)
85 Pa. D. & C. 416, 1953 Pa. Dist. & Cnty. Dec. LEXIS 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arena-v-macmurray-pactcompldauphi-1953.