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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Batson v. Clark, 980 S.W.2d 566 (1998)

Citation
Batson v. Clark, 980 S.W.2d 566 (1998)
Parent Document
Batson v. Clark, 980 S.W.2d 566 (1998)
Jurisdiction
Kentucky (state)
Effective Date
1998-10-16

Other Sections in This Document (163)

Full Text

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The traditional measure of damages for the conversion or destruction of personal property is the fair market value of the property at the time and place of the loss, with interest, in the discretion of the jury, from the time of the conversion. Sanders v. Vance, 28 Ky. (7 T.B.Mon.) 209, 213, 18 Am.Dec. 167 (1828); Lane v. Rowland, 295 Ky. 868, 175 S.W.2d 1000, 1002 (1943). “Where property is destroyed, or is converted, so that the title either is, or is regarded as, out of the former owner, damages are the pecuniary representative of the property, and take its place. The plaintiff has lost or abandoned his claim to the property; his claim against the defendant is for an equivalent sum of money. In this point, a conversion very nearly resembles a sale.” 1 Sedgwick on Damages 630, § 317 (9th ed., 1912). “In an action for the conversion of personal property, the measure of damages is the value of the property at the time of the conversion, with interest.” Id., Vol. 2, p. 950, § 493. Id. at 693 (emphasis in original).