Spokane Casket Co. v. Mitchell

Citations

• 76 Wash. 425
• 136 P. 481
• 1913 Wash. LEXIS 1832

Syllabus

<p>Damages — Duty to Minimize — Evidence. In an action for -damages for the obstruction of a street leading to plaintiffs factory, the plaintiff cannot recover the amount of demurrage charges on a car load of lumber which could not be hauled to the factory, in the absence of any evidence of an attempt to minimize the damages by the removal and storage of the lumber, or of the reasonable expense of such storage.</p> <p>Damages — Evidence—Sufficiency. In such an action, plaintiff cannot recover for “overhead” charges, consisting of the salaries of employees, while the factory was closed down, where it appears that they were engaged in the performance of duties of some benefit to the plaintiff and the evidence -did not segregate items which were not a loss, and there was no proof of loss of business or profits.</p>