Winkler v. De Vapores

Defendant’s motion for partial judgment is granted as follows: The claim made by plaintiff for special damage in the sum of $450 (expenses incurred by his agent as a result of spending forty-five additional days in Panama at $10 per day) and in the sum of $190 (additional transportation expenses of plaintiff’s agent by airplane on his return to "Mew York), aggregating $640, is dismissed and eliminated from the case. It is clear that such special damage was not within the contemplation of the contracting parties, was not within the contract of carriage or shipment, and nothing contained in…