Prestonsburg Water Co. v. Great Savings Store

111 S.W.2d 664, 271 Ky. 246, 1937 Ky. LEXIS 228

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: December 17, 1937
• Status: Published

Opinion

Opinion op the Court by

Creal, Commissioner—

Reversing.

Mabel Fannin, wbo conducts a mercantile business in Prestonsburg, Ky., under tbe firm name of Great Savings Store, has recovered judgment against tbe Prestonsburg Water Company, a corporation, in tbe sum of $3,000 for tbe destruction of a stock of goods by fire alleged to have been caused by tbe failure of tbe water company to furnish water for fighting fire in accordance with tbe provisions of an ordinance under which it was operating its plant. Tbe water company is appealing,

One of the grounds argued for reversal is that tbe court erred in permitting witnesses to give an opinion as to tbe value of tbe stock of goods without showing that tbe witness was qualified to speak on tbe subject and bad knowledge of facts on which to base an opinion. Some witnesses, wbo bad frequently been in tbe store and bad seen tbe stock of goods, were permitted to give an opinion concerning its value. This should not have been permitted unless it was reasonably made to appear that the witnesses by inspection and observations bad some knowledge of tbe quantity and quality and value of different kinds of merchandise carried in tbe store.

In all material respects, tbe pleadings, evidence, etc., are the same as in tbe case of Prestonsburg Water Company v. William Dingus, 271 Ky. 240, 111 S. W. (2d) 661, this day decided, and on tbe authority of tbe opinion in that case and for tbe reasons assigned, tbe judgment is reversed and tbe cause remanded for proceedings in conformity with that opinion. All other questions being reserved.

Whole court sitting.