Wilson v. Seattle, Renton & Southern Railway Co.

Citations

• 55 Wash. 656
• 104 P. 1114
• 1909 Wash. LEXIS 817

Syllabus

<p>Damages — Injury to Horse — Measure of Damages. The measure of damages for injury to a horse is the diminished market value after cure, and expense in reasonable attempts to effect a cure, with reasonable compensation for loss of use, provided the whole damages do not exceed the original value of the horse.</p> <p>Pleading — Amendment to Conform to Pboof. It is not error to allow the complaint to be amended to conform to proof increasing the damage claimed for injury to a horse, where there was no motion to strike the evidence or claim of surprise or demand for time to meet the amendment.</p> <p>Damages — To Personal Property — Excessive Yebdict. A verdict for damages for injury to personal property is not excessive where there was no dispute as to the items, which were all within the measure of damages allowable.</p>