Johnson v. Railroad Co.
Supreme Court of North Carolina
ActioN by A. E. Johnson and R. E. Johnson, trading under the firm name of A. E. Johnson & Son, against Atlantic Coast Line Railroad Co., heard by Judge W. R. Allen and a jury, at the October Term, 1905, of the Superior Court of SAMPSON. This was a civil action for the recovery of damages for the alleged negligent burning by defendant corporation of a building used by plaintiffs, A. E. Johnson & Son, for the manufacture of crates, baskets, etc.
Read the full summary
ActioN by A. E. Johnson and R. E. Johnson, trading under the firm name of A. E. Johnson & Son, against Atlantic Coast Line Railroad Co., heard by Judge W. R. Allen and a jury, at the October Term, 1905, of the Superior Court of SAMPSON. This was a civil action for the recovery of damages for the alleged negligent burning by defendant corporation of a building used by plaintiffs, A. E. Johnson & Son, for the manufacture of crates, baskets, etc. Plaintiffs set forth in their complaint that “they had accumulated upon said premises valuable forms, tools, fixtures, office supplies, furniture,…
1Opinion of the Court
Connor, J.,
after stating the facts. His Honor, we presume, was of the opinion that the anticipated profits to be derived from completing the contract made by plaintiffs with the Fruit Packing Co., for the manufacture and delivery of the crates, were too speculative and conjectural to form the basis of a claim for damages. While this court has uniformly adhered to the rule in Hadley v. Baxendale, prescribing the measure of damages recoverable for breach of contracts, we find no decision controverting the proposition, held by other courts and laid down by many text writers, that in actions…
2Cases cited12 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Jackson v. StanfieldIndiana Supreme Court · 1894
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- State Ex Rel. Shatzer v. Freeport Coal Co.West Virginia Supreme Court · 1959
- Roberts v. Pilot Freight Carriers, Inc.Supreme Court of North Carolina · 1968
- Bowen v. KingSupreme Court of North Carolina · 1907
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
39 more not listed; retrieve them via the Exa API.