· 1/16/1929
Thames Towboat Co.
Citations
- 30 F.2d 978
- 1929 A.M.C. 358
- 1929 U.S. Dist. LEXIS 1024
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- as in civil action, lost profits may be awarded as restitution in criminal action if proved with reasonable certainty
- as in civil action, lost profits may be awarded as restitution in criminal action if proved with reasonable certainty
- stat- ing that a victim must take “reasonable steps to avoid the enhancement of damages” and that the person causing the damage bears the burden of proving a failure to mitigate damages
- although restitution award for lost profits was excessive because of failure to mitigate, damages were proven with reasonable certainty by video store, which presented evidence showing daily rental value of unreturned rental equipment and percentage of days equipment would have been rented
- although restitution award for lost profits was excessive because of failure to mitigate, damages were proven with reasonable certainty by video store, which presented evidence showing daily rental value of unreturned rental equipment and percentage of days equipment would have been rented
Source: CourtListener parenthetical corpus (CC0).
Judges: Burrows
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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