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National-Ben Franklin Fire Insurance v. Darby

172 S.E. 819, 48 Ga. App. 394, 1933 Ga. App. LEXIS 523
CourtCourt of Appeals of Georgia
DecidedNovember 27, 1933
Docket23212
StatusPublished
Cited by17 cases

This text of 172 S.E. 819 (National-Ben Franklin Fire Insurance v. Darby) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National-Ben Franklin Fire Insurance v. Darby, 172 S.E. 819, 48 Ga. App. 394, 1933 Ga. App. LEXIS 523 (Ga. Ct. App. 1933).

Opinions

Guerry, J.

1. Á statement by the owner of an automobile that he instructed an automobile mechanic to put his car in the same condition that it was in before it was burned is not objectionable as being self-serving.

2. Grounds 2, 3, 4, 4a, 5, 7, 8, 11, 12, 13, 14, 15, 16, 17, and 18 of the motion for new trial are without merit. The measure of damage to an automobile by reason of a fire is the difference between its market value before and after the fire, if the difference be caused by the fire. The repairs done thereon are but circumstances to show the amount of this difference.

[395]*395Decided November 27, 1933. On motion to tax costs, February 16, 1934. Smith, Smith & Bloodworth, M. B. Calhoun, for plaintiff in error. B. P. Jaclcson, contra.

3. An owner of an automobile is a competent witness to testify as to his opinion of the value of his automobile before and after its subjection to a fire.

4. The conversation had with an adjuster of a fire-insurance company was admissible in evidence, especially when a letter written by him after-wards, declining to pay for the damage caused by the fire was introduced in evidence.

5. The evidence authorized the portion of the verdict which finds for the plaintiff $259.76 principal, but did not authorize the other portion, finding attorney’s fees. If the plaintiff, when the remittitur from this court is made the judgment of the trial court, will write off from the judgment the sum of $64.75 (attorney’s fees), the judgment will be affirmed; otherwise it will be reversed.

Judgment affirmed, on condition.

Broyles, C. J., and MacIntyre, J., concur.

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Bluebook (online)
172 S.E. 819, 48 Ga. App. 394, 1933 Ga. App. LEXIS 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-ben-franklin-fire-insurance-v-darby-gactapp-1933.