Legal Opinion

Ashe v. . Derossett

Supreme Court of North Carolina

Decided June 5, 1858PublishedCited by 15 opinions

ActioN of assuMpsit, tried before Person, J., at a special term, (Jan’y, 1858) of New-TIanover Superior Court. The defendant’s intestate was the owner of a rice mill, and the plaintiff sent his rice to be beat.

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ActioN of assuMpsit, tried before Person, J., at a special term, (Jan’y, 1858) of New-TIanover Superior Court. The defendant’s intestate was the owner of a rice mill, and the plaintiff sent his rice to be beat. It was proved that the usual custom of the- mill was to talco one tenth as toll, and to beat eacli man’s rice in turn, fifteen hundred bushels being considered as a turn, and, while at the mill, the owner of the rice was to run the risk of loss by fire, occurring without blame on the part of the bailee. There was- not evidence of negligence, but there was evidence going to show that…

1Opinion of the CourtPearson, J.

The defendant’s counsel contended that the' plaintiff could not recover, in respect to the burning of thence, because the injury was too remote. Ilis Honor was of a different opinion. There is error.

Where one violates his contract, he is liable only for such, damages as are caused by the breach ; or such, as being incidental to the act of omission or commission, as a natural consequence thereof, may reasonably be presumed to have been in the contemplation of the- parties when the contract was made. This rule of law is well settled, but the difficulty arises in making its application. In…

2Cited by15 opinions

  1. Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
  2. Smith v. . MooreSupreme Court of North Carolina · 1908
  3. Johnson v. . R. R.Supreme Court of North Carolina · 1922
  4. Spencer v. . HamiltonSupreme Court of North Carolina · 1893
  5. Cooper v. Southern RailroadSupreme Court of North Carolina · 1915

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