Johnston v. . Rudesill

46 N.C. 510

• Court: Supreme Court of North Carolina
• Decided: August 5, 1854
• Status: Published

Opinion

Battle, J.

We cannot conceive of any principle upon which the testimony offered by the defendant, and rejected by the Court, was admissible for any legitimate purpose, in ascertaining the amount of damages to which the plaintiff is entitled. The plaintiff certainly was not bound to make the improvements in his Saw Mill, suggested by the question which the defendant proposed to put to his witness, Ramsour. And because he declined to erect a more costly, though it might be a more profitable establishment, he did not forfeit his right to recover the actual damages which he had sustained in his more humble mill by the wrongful act of the defendants. •

The judgment must be affirmed.