United Electric Coal Companies v. Rice

On Motion for Rehearing.

In the motion for rehearing counsel have not questioned the basic principles on which the decree for plaintiff is founded, but have strongly questioned some of the findings of fact and, in certain respects, the measure of damages applied by the court. I will notice the contentions that have not been pressed heretofore.

It is urged that the profits shown by the evidence to have been lost during the shutdown of the mine due to defendants’ wrong may not properly be assessed as damages against the defendants; that plaintiff’s damages based upon lost profits should be…