Chandler v. Bush

Decided December 15, 1887

Supreme Court of Alabama · decided 1887-12-15

Tried before Hon. John P. Hubbard. This was an action by appellee against appellants for breaking into and entering a house and removing a lot of household and kitchen furniture. The only error assigned is in reference to the question and answer thereto, referred to in the opinion. cited 19 Ala. 185; 42 Ala. 83. Wharton on Ev. § 510; 63 Ala. 275; .67 Ala. 301; 49 Ala. 412.

Relies on Alabama & Florida R. R. v. Burkett · Montgomery & West Point Railroad v. Varner

Good law ✅— No negative treatment on recordhow we know

Decided 1887-12-15

How this case has been cited

Cited by 7 later decisions — most recently January 1935

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SOMERVILLE, J.

¶1The Circuit Court erred in allowing the question propounded to the plaintiff as ,to the amount of damages, which, in his judgment, he had suffered by reason of the alleged trespass in breaking and entering his house and the removal of his furniture. The question involved not only the damage done to the furniture, and the value of what may have been proved to be lost, but also an estimate of any exemplary or punitive damages to which the witness thought himself entitled. His opinion as to this matter was not admissible.' — Montgomery & West Point R. R. Co. v. Varner, 19 Ala. 185; Ala. & Fla. R. R. Co. v. Burkett, 42 Ala. 83.

¶2Reversed and remanded.