Slaughter v. Denmead

Citations

• 88 Va. 1019
• 14 S.E. 833
• 1892 Va. LEXIS 66

Syllabus

<p>1. Actions on Contracts — Measure of damages — Instructions.—Where defendants were not sued as common carriers, but for breach of contract to transport cord-wood by reason whereof the wood was lost by a freshet, the circuit court- refused to instruct that “ the measure of damages in case of a failure of a carrier to deliver goods according to the contract, and which are lost, is the market value at the time -when, and place where they should have been delivered ” ;</p> <p>Held :</p> <p>Hot error.</p> <p>2. Idem. — Where nothing in the case tends to show that the damages could reasonably be considered as naturally arising out of the breach of the contract, and the circuit court refused to instruct that “ the plaintiff was entitled to recover as damages whatever he may have expended in recovering the washed away wood, if the jury believe the same would not have washed away had the defendants kept their contract; ”</p> <p>Held :</p> <p>Hot error.</p>