Simons-Mayrant Co. v. Atlantic Coast Line R.

Citations

• 207 F. 387
• 1913 U.S. Dist. LEXIS 1316

Syllabus

<p>1. Reference (§ 99*)—Finding of Master—Oonjklicting Evidence—Exceptions.</p> <p>In an action against a railroad company for injuries to a steam shovel in transportation, a master’s finding that verba] notice was given to defendant before shipment that plaintiff needed the shovel for nse on a contract under which it would be liable for a penalty of $50 for each day beyond the time limit provided for in the contract, based entirely on the conflicting evidence of two witnesses, would not be reversed by the court on exceptions.</p> <p>I Ed. Note.—For other cases, see Reference, Cent. Dig. §§ 148-156; Dec. Dig. § 99.*]</p> <p>2. Carriers (§ 134*)—Transportation oe Machinery—Injuries—Master’s Findings—Evidence.</p> <p>In an action against a carrier for injuries to a steam shovel, evidence held insufficient to support a master’s finding that a further injury following derailment of the shovel after delivery to the owners at destination was due to undiscovered and unrepaired injuries resulting from the original wreck of the shovel while in the custody of the carrier.</p> <p>[Tld. Note.—For other cases, see Carriers, Cent. Dig. §§ 588-592, 607; Dec. Dig. § 134.*]</p> <p>3. Carriers (§ 105*)—Special Damages—Notice.</p> <p>Where, in an action against a carrier for injuries to a steam shovel during transportation to the place where plaintiff intended to use the shovel In certain contract work, the only notice of special damages given to the carrier that would result from injury to the shovel beyond necessary repairs was from the delay which the carrier was notified would cause a loss of a contract penalty of $50 a day, plaintiff not having suffered such penalty and the contract having been terminated for other reasons and the injuries to the shovel having been fully repaired, plaintiff was only entitled to recover nominal damages.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 451-458; Dee. Dig. § 105.*]</p> <p>4. Carriers (§ 105*)—Special Damage—Carriers.</p