Towles Arnett v. Railroad Co.

October 7, 1909. The opinion of the Court was delivered by The question presented by the exceptions is, whether his Honor, the presiding Judge, erred in ruling that even if the defendant, at the time of the contract, did not have notice of circumstances from which it might reasonably be expected that special damages would result, nevertheless the defendant would be liable for special damages, if such notice was given subsequently, and after the expiration of a reasonable time, for delivering the goods.

The general rule is, that special damages are not recoverable for the loss of goods, unless…