Mather v. American Express Co.
Massachusetts Supreme Judicial Court
Contract for the loss of a package containing a part of a set of plans for a house, delivered by the plaintiff to the defendant for transportation from Northampton to Boston. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : The plaintiff proved the delivery of the plans to the defendant at Northampton, and the loss of the same.
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Contract for the loss of a package containing a part of a set of plans for a house, delivered by the plaintiff to the defendant for transportation from Northampton to Boston. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : The plaintiff proved the delivery of the plans to the defendant at Northampton, and the loss of the same. It appeared in evidence that the plaintiff procured an architect in Boston to prepare plans for a house, which were forwarded to the plaintiff at Northampton, and approved by him ; and that a…
1Opinion of the CourtField, J.
It is not denied that the defendant is liable in damages for the reasonable cost of the new plans, and for other expenses, if there were any reasonably incurred in procuring the new plans ; but it is denied that the defendant is liable in damages for the delay in constructing the house occasioned by the loss of the plans. It is assumed that, the plans had no market value, and were only useful to the plaintiff. The rule of damages then is their value to the plaintiff. As new plans could not be bought in the market ready made, some time necessarily must be consumed in making them, and the…
2Cases cited1 opinion
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by19 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Chapman v. . FargoNew York Court of Appeals · 1918
- Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
- Beale v. City of BostonMassachusetts Supreme Judicial Court · 1896
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