Godwin v. Wilmington & Weldon Railroad

10 S.E. 136, 104 N.C. 146

Opinion

Smith, C. J.

The direction given to the jury in measuring the damages was, of course, based upon the evidence before the jury, and we do not well see how it could have been otherwise. There was no proof of the value of the dead body of the animal, or that it was of any value beyond the price paid for the hide, or could have been put to any profitable use. The ruling is not at variance with that made in the case of Roberts v. Railroad, 88 N. C., 560. There, the proof from the owner of the dead cow was that her body was worth from $18 to $20, and the jury was instructed that this was a proper deduction from the value of the living cow, and the same principle, upon the proofs, is enunciated in the present case. Besides, there was no exception to the charge, except in this particular, and no specific instruction was asked, so far as the record discloses, on the point. Willey v. Railroad, 96 N. C., 408.

Affirmed.