¶1(concurring specially). In actions to recover the. possession of personal property, I think the jury *579should be instructed to find its value at the time of the trial, leaving changes in value between that time and the commencement of the action to be considered in connection with the subject of damages. As the plaintiff in the case at bar was in actual possession when the verdict was returned, the errors of the Circuit Court relating to value were harmless, and its judgment should be affirmed.
16 S.D. 569
Benjamin v. Huston
Decided April 7, 1903
South Dakota Supreme Court · decided 1903-04-07
Hon. Joseph W. Jones, Judge. Action in claim and delivery by Stillman J. Benjamin against R. J. Huston. From a judgment for plaintiff, defendant appeals.
Cited by 2 later decisions — most recently June 1934
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1903-04-07
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