Southern Ry. Co. v. Hatter & Son
Supreme Court of Alabama
Damage for Loss of Goods. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bernet. Action by T. A. Hatter & Son, against the Southern Bailway Company, for damages for loss of goods.
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Damage for Loss of Goods. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bernet. Action by T. A. Hatter & Son, against the Southern Bailway Company, for damages for loss of goods. Judgment for plaintiff and defendant appeals. — The true measure of damages was the reasonable market value of the goods, and hence, the court erred in admitting testimony as to the price which plaintiff had sold the goods to another person. — Roden & Go. v. Brown, 103 Ala. 327; A. G. S. v. Moore, 109 Ala. 397; Meyer Bros. D. Go. v. Puckett, 139 Ala. 337; Bir. R. & E. Co. v. Eilcmd, 139 Ala. 452.…
1Opinion of the CourtDowdell, C. J.
— This is an action to recover damages of the defendant railway company for loss of goods in shipment. The case was tried below by the court without the intervention of a jury. The only question at issue in the trial court was as to the measure of damages.
The true measure of,damages in such case was the reasonable market value of the goods lost to the plaintiffs, and not the price at which the plaintiffs had contracted to sell the goods to another party. That suit is upon the* bill of lading,, for a breach, of contract to deliver, can make no difference in the measure of damages, in the…
2Cases cited1 opinion
- Cefalu v. Dearborn & WarfieldSupreme Court of Alabama · 1909
3Cited by2 opinions
- Ankeny v. Pomeroy Grain Growers, Inc.Washington Supreme Court · 1932
- Louisville & Nashville Railroad v. ShepherdAlabama Court of Appeals · 1912