#### John Looney, Appellee, v. Chicago, Rock Island & Pacific Railway Company, Appellant.

Gen. No. 6,520.

(Not to he reported in full.)

Appeal from the County Court of Rock Island county; the Hon. Benjamin S. Bell, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed April 9, 1918.

Rehearing denied May 14, 1918.

Statement of the Case.

Action by John Looney, plaintiff, against Chicago, Rock Island & Pacific Railway Company, defendant, *512to recover for injury to an interstate shipment of horses. From a judgment for plaintiff, defendant appeals.

Abstract of the Decision.

1. Carriers, § 248 * —when evidence of price paid for horses is incompetent. In an action against a terminal carrier to recover for damage to an interstate shipment of horses, evidence of what the shipper paid for the horses is incompetent.

2. Evidence, § 430*—when proper foundation laid for introduction of expert evidence as to value of horses. A proper foundation for the admission of evidence of expert witnesses as to the market value of western horses, shipped from a particular reservation in a certain western state, is laid where the witnesses testify that they have knowledge of the market value at the point of destination of western horses of the character, quality and disposition of those owned by plaintiff, even though they do not show that they are acquainted with the market value of horses raised on the par. ticular reservation.

Stafford, Schoede & Stafford, for appellant; M. L. Bell and A. B. Enoch, of counsel.

J. T. and S. B. Kenworthy and J. Hays Britton, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Niehaus

delivered the opinion of the court.