Nudd v. Wells
Wisconsin Supreme Court
APPEAL FROM RICHLAND CIRCUIT COURT. This action was commenced by Amos Nadd, against Henry Wells and others, the partners of the American Express Company, to recover damages for the non delivery of a box of machinery, delivered to the defendants, in Boston, Mass., to be transported to Milwaukee.
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APPEAL FROM RICHLAND CIRCUIT COURT. This action was commenced by Amos Nadd, against Henry Wells and others, the partners of the American Express Company, to recover damages for the non delivery of a box of machinery, delivered to the defendants, in Boston, Mass., to be transported to Milwaukee. The contract of the defendants was contained in the following receipt: Received oí Moulton by the Merchant’s Despatch in apparent good order the following packages, being marked as in the margin, to wit: One box machinery to be forwarded in like good order, damages of navigation and from, fire…
1Opinion of the Court
By the Court,
Paine, J.
It is evident that the jury in this case found a verdict much larger than the plaintiff was entitled to by any legal rule of damages. But if the excess was clearly ascertainable, and the proper amount of damages might be readily fixed by the application of a settled rule of law to the evidence, perhaps the practice adopted by the court below, of allowing the plaintiff to remit the excess, and then refusing a new trial, would be proper. The practice of remitting where the illegal part is clearly distinguishable from the rest, and may be ascertained by the court without…
2Cases cited3 opinions
- Thomas v. WomackTexas Supreme Court · 1855
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- George v. LawCalifornia Supreme Court · 1851
3Cited by17 opinions
- Campbell v. SutliffWisconsin Supreme Court · 1927
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Jones v. CullenIndiana Supreme Court · 1895
- Kliegel v. AitkenWisconsin Supreme Court · 1896
- Ingram v. RankinWisconsin Supreme Court · 1879
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