Brothers v. Illinois Cent. R. Co.
Alabama Court of Appeals
Appeal from City Court of Birmingham; John H. Miller, Judge. Action by I. S. Brothers against the Illinois Central Railroad Company for damages for failure to promptly deliver a gin outfit. From a judgment in favor of the plaintiff, awarding nominal damages, plaintiff appeals.
1Opinion of the CourtSamford, J.
This is the second appeal in this case. Ill. Central R. R. Co. v. Brothers, 12 Ala. App. 351, 67 South. 628. On that appeal, based upon the facts as they then appeared, this court correctly held:
First. “Ordinarily, the measure of damages for the bi-each ot a contract ai-e those which are the natural consequences of the breach, and which may be reasonably deemed to have been in the contemplation of the parties to the contract ;- but loss of profits in a business where the data are uncertain, and damages which cannot be supposed to have been contemplated by the parties, are not recoverable.” '
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2Cases cited2 opinions
- Priestly v. Northern Indiana & Chicago RailroadIllinois Supreme Court · 1861
- Illinois Central R. R. v. BrothersAlabama Court of Appeals · 1914
3Cited by1 opinion
- New Orleans & N. E. R. v. J. H. Miner Saw Mfg. Co.Mississippi Supreme Court · 1918