Legal Opinion

Swift & Co. v. Eastern Warehouse Co.

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 2 opinions

Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by John E. Swift & Co., against the Eastern Warehouse Company, to recover damages for the defendant’s alleged failure to “ship seventeen bales of cotton when ordered to do so by plaintiffs;” and was commenced in a justice’s court, on the 11th September, 1888. On the trial in the Circuit Court, a bill of exceptions was reserved by the plaintiffs, in which the facts are thus…

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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by John E. Swift & Co., against the Eastern Warehouse Company, to recover damages for the defendant’s alleged failure to “ship seventeen bales of cotton when ordered to do so by plaintiffs;” and was commenced in a justice’s court, on the 11th September, 1888. On the trial in the Circuit Court, a bill of exceptions was reserved by the plaintiffs, in which the facts are thus stated: “The plaintiffs’ evidence tended to show that the defendant was engaged in keeping a warehouse in the city of…

1Opinion of the CourtStone, C. J.

When damages are, and when they are not, too remote to be the subject of recovery, is not always easy of determination. The decisions of this court are, that such damages as naturally result from the breach, according to the usual course of things, or such as naturally suggest themselves as likely to result from the breach, are *296proximate, and may be recovered; while those which result abnormally, not naturally, from some outside, exceptional fact or circumstance, can not be a ground of recovery, unless such fact or circumstance be communicated, and thus become an element of the agreement.…

2Cases cited3 opinions

  1. Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
  2. Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
  3. Lehman, Durr & Co. v. PritchettSupreme Court of Alabama · 1887

3Cited by2 opinions

  1. Dickerson v. FinleySupreme Court of Alabama · 1908
  2. Southern Metal Treating Co. v. GoodnerSupreme Court of Alabama · 1960

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