Southwestern Gas & Electric Co. v. Stanley

(after stating the case as above).

The appellant presents the point that the requested special instruction bearing upon the minimizing of damages was justified by the pleadings and evidence. It is contended that the damages which the appellee sues for could have been entirely avoided by paying the $111.48 .due for electricity supplied to the garage, and that the appellee was under the legal duty to appellant to do so. It is a fundamental rule that there can be no recovery for losses, whether arising under a breach of contract or tort, which might have been prevented or the consequences avoided…