Legal Opinion

Davis v. Cincinnati, Hamilton & Dayton R. R.

Ohio Superior Court, Cincinnati

Decided February 15, 1855Published

Special Term. — An action to recover damages, caused by delay in the transportation and delivery of an iron boiler, shipped at Cincinnati, for carriage to Knightstown, Indiana. The facts sufficiently appear in the decision.

1Opinion of the CourtGholson, J.

This was an action to recover damages for the failure, on the part of the-defendant, to deliver, within *24a reasonable time, a boiler constructed to be used in a steam saw-mill. It was admitted that there had been a breach of the contract for the delivery; the contest was, as to the proper measure and amount of the damages.. The items of special damage claimed by the plaintiff may be divided into three classes: 1. The trouble and expense incurred in traveling, to ascertain what had become of the boiler, which was detained about a month beyond the period when it should have been delivered in the…

2Cases cited3 opinions

  1. Walrath v. RedfieldNew York Supreme Court · 1851
  2. Horner v. WoodNew York Supreme Court · 1853
  3. Louis v. Steamboat BuckeyeOhio Superior Court, Cincinnati · 1854

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