
    SOUTHERN NAT. INS. CO. v. WOOD.
    (Court of Civil Appeals of Texas.
    Dec. 14, 1910.)
    1. Appeal and Ebbok (§ 743) — Assignments-op Ebbok — Sufficiency. 18
    An assignment that “the court erred because the undisputed testimony shows,” etc., that “the court erred because O. and M. or neither of them are parties to this suit, and the evidence shows that the policy sued on is the community property of the said G. and M., husband and wife,” and “the court erred because by the terms and conditions of the policy,” etc., are insufficient under rules of court providing that the assignments of error must distinctly specify the grounds of error and that to be a distinct specification of error it must point out that part of the proceedings contained in the record in which error is complained of in a particular manner so as to identify it.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2999, 3011; Dec. Dig. § 743.]
    2. Appeal and Ebkob (§ 743) — Assignments op Ebbok — Statement Accompanying Assignment.
    Following assignments of error as to admitting in evidence a transfer of the policy sued on, the statement: “Bill of exceptions to the above evidence was properly presented. Tr. p. 36 & 37” — is insufficient.
    [Ed. Note. — For other cases, see Appeal and Error, Dec. Dig. § 743.]
    3. Appeal and Ebbok (§ 742) — Assignments op Ekkok» — Statement Accompanying Assignment.
    Following assignments of error in the refusal of charges, statements referring to statements under other assignments, which do not refer to any charge or requested charge, are insufficient.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 3000; Dee. Dig. § 742.]
    4. Appeal and Ebkob ■(§ 742) — Assignments op Ebbob — Statement Accompanying Assignment.
    The statement, “said assignment is correctly set out,” _ following assignments of error, is not a compliance with rules of court providing that the assignment of error shall be followed by one or more propositions, and to each proposition there shall he subjoined a brief statement of the proceedings in the record necessary to explain and support the proposition.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 3000; Dec. Dig. f 742.]
    5. INSTJBANCE (§ 499) — LIABILITY OP INSUE-eb — Extent—Value op Goods.
    Insured is entitled to recover under a fire policy not merely what she could have sold the secondhand goods destroyed for in the market, but their cash value to her; that is, what it would have cost to replace them.
    [Ed. Note. — For other cases, see Insurance, Cent. Dig. § 1274; Dec. Dig. § 499.]
    6. Appeal and Ekbok (§ 1051) — Review— Habmless Ebbok — Admission op Evidence.
    In an action on a fire policy, any error in permitting insured to testify as to what the destroyed property was worth to her is not injurious to defendant, where the amount of the verdict is fully sustained hy other evidence.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 4161-4170; Dec. Dig. § 1051.]
    Appeal from Washington County Court; W. R. Ewing, Judge.
    Action by F. W. Wood against the Southern National Insurance Company. From a judgment in favor of plaintiff, defendant appeals.
    Affirmed.
    Mathis, Buchanan & Stone, for appellant. W. W. Searcy, for appellee.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   JENKINS, J.

This suit was brought by appellee to recover of appellant on an insurance policy for $600 on furniture and household goods, issued in favor of M. C. May and by her transferred to appellee, Wood. There is no contention that the insured was in- any way responsible for the fire. The property destroyed consisted of such household and kitchen furniture as parlor and bedroom suites, chairs, stoves, tables, curtains, shades, pictures, lamps, matting, sideboard, books, bookcases, kitchen furniture, etc., and a piano, all of which had been used for from three to four years. M. C. May was a ne-gress and a married woman, and, being unable to get a satisfactory settlement with the insurance company, she, with the consent of her husband, transferred the policy to appel-lee, Wood, a white man, under an agreement that, if he collected the policy without suit, he was to have $50 for his services,” and, if by suit, he was to have $100. He was also to loan her $50 on said policy, if she needed it, which he did.

Appellee objects to the consideration of a number of the assignments of error made by appellant. We hold that the following assignments are not in compliance with the rules for the reasons herein stated, and consequently the same will not be considered, to wit: The third, fourth, fifth, seventh, and tenth assignments of error begin as follows: “The court erred because the undisputed testimony shows,” etc. The seventh assignment is as follows: “The court erred because G. T. May and M. C. May or neither of them are parties to this suit, and the evidence shows that the policy sued on is the community property of the said G. T. and M.' C. May, husband and wife.” The thirteenth assignment is as follows: “The court erred because by the terms and conditions of the policy,” etc., setting out in said assignment what purports to be a clause of said policy in reference to any incumbrance on the property insured or any part thereof. It does not appear from either of said assignments in what the court erred; whether in its rulings as to the admission of evidence, in-charges given or refused, in refusing a new trial, or in some other particular. Rule 24 (67' S. W. xv) provides that “the assignment of error must distinctly specify the ground of error relied on, and a ground of error not distinctly specified, in reference to that which is shown in the record, or not specified at all, shall be considered waived.” Rule 25 declares: “To be a distinct specification of error, it must point out that part of the proceedings contained in the record in which the error is complained of in a particular manner, so as to identify it, whether it be the rulings of the court upon a motion, or upon any particular part of the pleadings, or upon the admission or rejection of evidence, or upon any other matter relating to the cause, or its trial, or the portion of the charge given or refused,” etc. -

The twentieth assignment is not followed by any statement of any character. The statements under the following assignments are insufficient in this: Second assignment is as to admitting in evidence a transfer of the policy to appellee. The only statement under this assignment is: “Bill of exceptions to the above evidence was properly presented. Tr. p. 36 & 37.” By hunting it out in the record, we might ascertain whether or not the evidence complained of in the assignment was admitted, and, if so, what were the grounds of the objection thereto, and then by reading the entire record we might determine whether or not the wrongful admission, if any, of said evidence, probably-affected the result of the trial, and was therefore reversible error; but none of these things are made to appear in the above statement.

The sixth assignment complains of the refusal of the court to give a requested charge. The only statement under this assignment is: “Same as under appellant’s third, fourth, and fifth assignments of errors.” By reference to the statements under these assignments, we find that certain witnesses testified to certain facts; but there is nothing in said statements showing that any charge was asked or refused.

The eighth assignment is as to the refusal of the court to give a special charge. The only statement under this assignment is: “Same as under seventh assignment of error.” The statement under the seventh assignment makes no reference to any requested charge. The same applies to the eleventh and twelfth assignments of error. The only statement under the fourteenth and fifteenth assignments is: “The above requested charge is correctly set out.”

The only statement under the sixteenth, seventeenth, eighteenth, ninteenth, twenty-first, and twenty-second assignments is: “Said assignment is correctly set out” — by which we presume is meant that these assignments are correctly copied in the brief. This is no statement at all as is contemplated by the rules. Rule 30 provides that each assignment of error shall be followed by one or more propositions, accordingly as the assignment includes one or more points. Rule 31 provides that “to each of said propositions there shall be subjoined a brief statement, in substance, of such proceedings, or part thereof contained in the record, as will be necessary and sufficient to explain and support the proposition with reference to the pages of the record.” For rules, see 67 S. W. xvi. These rules have been the subject of frequent discussion and decision by the courts of this state. In support of our ruling herein, we refer to Havard v. Lumber Co., 125 S. W. 928; Stone v. Stitt, 121 S. W. 188; Scanlon v. Railway Co., 45 Tex. Civ. App. 345, 100 S. W. 983; Poland v. Porter, 44 Tex. Civ. App. 334, 98 S. W. 216; Tel. Co. v. Bell, 42 Tex. Civ. App. 462, 92 S. W. 1037; Settle v. Traction Co., 126 S. W. 15.

We have examined the authorities on the propositions made by appellant under the above assignments, and will here state that we do not think that this case ought to have been reversed, even though said assignments of error had in all things conformed to the rules.

In the foregoing part of this opinion we have disposed of all of appellant’s assignments of error, except the first and the twenty-third. The first assignment is as follows: “The court erred in admitting, over the objection of the defendant, the testimony of 51. C. May on the value of the property alleged to be destroyed by fire, in this, that the said M. C. May was asked by the plaintiif’s counsel, ‘What was the value of the destroyed property to her?’ The witness, over the objection of the counsel for the defendant, was permitted to answer that the property destroyed by fire was worth to her $1,050.85, when the contract of insurance sued on provided that the defendant’s company should be' liable only for the cash value of the property destroyed by fire, not to exceed $600, because said witness, before she was permitted to testify as to the valuation of the destroyed property, should have been required to qualify herself as to the market or cash value of the destroyed property, and, there being no allegation in plaintiff’s petition claiming any special value of said property to plaintiff, said acts of court in permitting said evidence over the objection of plaintiff was error.”

M. C. May produced upon the witness stand an itemized list of the goods destroyed, in which the value of each item was stated, being the same as furnished the insurance company, and the same as attached as an exhibit to plaintiff’s petition, amounting in the aggregate to $995.55. She testified that the value as thus given was the price that she paid for the same, and that she had used said articles from three to four years. When I asked the market value of said goods, she said she did not know, but that they were worth to her what they cost. The policy was for $600, and the recovery was for that amount. It does not appear that, in stating what the goods were worth to her, she was putting any sentimental value on the same. She was entitled to recover, not what she could have sold such secondhand goods for in the market, but their cash value to her; that is, what it would have cost to replace the same. If the admission of this testimony was error, its only injurious effect would have been to increase the amount of the verdict. The evidence, aside from this, fully sustains the amount of the verdict. There was no effort made by appellant, either by cross-examining this witness or oth-wise, to show that goods of a like character could have been bought in the market for less money. In fact, there was no proof of a market for secondhand household goods. Express Co. v. Williams, 71 S. W. 315; Plow Co. v. Insurance Co., 39 Tex. Civ. App. 168, 87 S. W. 192; Insurance Co. v. Everett, 36 S. W. 126; Ry. Co. v. Nicholson, 61 Tex. 553; City of Dallas v. Allen, 40 S. W. 325.

The twenty-third assignment of error is that the verdict is excessive. What we have said above disposes of this assignment.

The judgment of the trial court is affirmed.

Affirmed.  