Downing Dairy, Inc. v. Anderson

Snell, J.

This is a law action tried to the court without a jury. The ease arose following a collision of motor vehicles at an intersection. Plaintiff sought damages for the destruction of its motor vehicle. The trial court found for plaintiff and fixed the amount of plaintiff’s recovery. There has been no appeal *1005 from the finding of liability. Tbe only issue on appeal is tbe sufficiency of the evidence to support tbe amount of tbe verdict. Tbe only dispute was tbe value of tbe truck before tbe collision.

Plaintiff’s vehicle was a 1947 Divco milk delivery truck with a refrigerated body. It was about 12 years old. It was in good operating condition and bad a comparatively new motor. After tbe collision it bad no value except for salvage. Plaintiff’s evidence included tbe testimony of an experienced dealer in Divco trucks. He bad sold trucks to plaintiff for 15 years. He was familiar with the condition of plaintiff’s truck before and saw it after tbe collision. He testified that tbe truck’s value immediately before tbe collision was $1500. It was later sold for salvage for $59.55. Another witness, tbe driver of tbe truck, testified as to its condition. An insurance adjuster called as a witness by defendants saw tbe truck after tbe collision. He considered it a total loss. He had never seen the truck before and expressed no opinion as to its prior value. Another witness called by defendants testified that be bad bought and sold Divco trucks 12 years old for from 25 to 50 dollars. He had not seen the truck in question.

The rule fixing tbe measure of damage is well settled. Tbe witnesses agreed that after tbe collision there was only salvage value. The measure of damage was tbe reasonable market value before the collision less the reasonable salvage value thereafter. Langham v. Chicago, R. I. & P. R. Co., 201 Iowa 897 , 208 N.W. 356 ; Mann v. Des Moines Ry. Co., 232 Iowa 1049, 1074 , 7 N.W.2d 45 . See also Iowa Uniform Jury Instructions No. 3.5.

Tbe court’s findings have tbe effect of a special verdict. Rule 334, Rules of Civil Procedure. Our only duty is to review tbe record to see if tbe trial court’s findings are supported by sufficient evidence. Breitenkamp v. Community Cooperative Assn., 253 Iowa 839 , 114 N.W.2d 323 , and cases cited therein.

We have reviewed tbe record. Tbe trial court found tbe value of tbe truck before tbe collision was $1500 and that there was salvage value thereafter of $59.55. Tbe trial court’s finding is supported by tbe record. We find no error.

The case is — Affirmed.

All Justices concur except Moore, J., who takes no part.