Page:Federal Reporter, 1st Series, Volume 4.djvu/727

 OEMSBT V. V. P. E. CO. 713 �There is no subject coming before courts upon which tîiere 13 Bomuch extravagant testimony; it is very largely a question of opinion, You must consider ail the evidence and ail the circumstances, and arrive at a just and reasonable determina- tion. It is not what a man might have made if the horso had not died, by using him as a racer upon the track, that is the test of his damages. The rule is this: that he is entitled to recover the reasonable market value in caëh at the place where the loss occurred; that is to say, what the two horses that died could reasonably have been sold for in this market at that time in cash. Of course, such a question is always sub- ject to more or less uncertainty; one man will estimate it at more than another, and the jury is simply to make use of their common sense, and apply the testimony and ail the circumstances, and arrive at a fair and just estimate. �As to the horses that did not die, the damages would be simply the actual loss — the actual damage which the plaintiff sustained by reason of the injuries, the sickness which re- sulted from the negligence, if there was negligence, of the defendant. In ascertaining the value of these animais you are to look into ail the circumstances ; to consider the age of the horses that died. You are to consider their breeding, of course, the purposes for which they might be used, and everything that goes into the question of their market value in this market. As to this old horse, there is a claim here, and some evidence tending to show, that he was diseased before he left Kentucky, and that is a subject for your consideration. If that be true, it of course affects the value of the animal. It is for you to say whether that is true or not. �I have not gone over the suggestions of counsel, but I think that I have covered everything that is necessary. If there is. any suggestion to be made I will hear it. �Verdict for plaintiff for $750. ����