Traywick v. Southern Railway
Supreme Court of South Carolina
Before Keuch, J., Orangeburg, Action by J. B. T'raywick against Southern Railway Co. From judgment for plaintiff, defendant appeals. cite: As to measure of damages: 9 Ex., 341; Sed. on Dam., secs. 144, 146, 149; Wood’s Mayne on Dam'., 12, 17; 3 Suth. on Dam., sec. 903; 5 Ency., 2 ed., 392; 25 S. C., 68; 2 Speer, 536; Dud., 180; 66 S'. C., 61; 70 S. C., 16; 46 Miss., 476; 62 Wis,, 827; 169 Mass., 326; 130 N. C., 613; 53 N. C., 235; 26 Ill., 205; 58 S. W., 54; 23 S. W., 320.…
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Before Keuch, J., Orangeburg, Action by J. B. T'raywick against Southern Railway Co. From judgment for plaintiff, defendant appeals. cite: As to measure of damages: 9 Ex., 341; Sed. on Dam., secs. 144, 146, 149; Wood’s Mayne on Dam'., 12, 17; 3 Suth. on Dam., sec. 903; 5 Ency., 2 ed., 392; 25 S. C., 68; 2 Speer, 536; Dud., 180; 66 S'. C., 61; 70 S. C., 16; 46 Miss., 476; 62 Wis,, 827; 169 Mass., 326; 130 N. C., 613; 53 N. C., 235; 26 Ill., 205; 58 S. W., 54; 23 S. W., 320. cites: The rule nozo is that recovery of profits is allowed when they would have been earned with reasonable certainty:…
1Opinion of the Court
Opinion.
The opinion of the Court was delivered by
Mr. Justice Gary
(after stating the foregoing facts). The first question for consideration is, whether his Honor, the presiding Judge, erred in allowing the plaintiff to introduce testimony, showing loss of profits', by reason of the fact that the public carried their rice elsewhere to be hulled, on account of the delay mentioned in-the complaint.
The general principles relating to' the recovery of damages, may be said fi> have been definitely settled since the leading case of Hadley v. Baxendale, 9 Exch., 341. The difficulty arises when it…
2Cases cited1 opinion
- Mood v. W. U. Telegraph Co.Supreme Court of South Carolina · 1894
3Cited by13 opinions
- Butler v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Strange v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
- Drews Co. v. Ledwith-Wolfe Associates, Inc.Supreme Court of South Carolina · 1988
- Anderson v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
- Illinois Central R. R. v. BrothersAlabama Court of Appeals · 1914
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