Yazoo & M. V. R. v. Consumers' Ice & Power Co.

Citations

• 109 Miss. 43
• 67 So. 657

Syllabus

<p>1. Damages. Loss of profits. When recoverable. Calculation of profits. Evidence. Attorney’s fee. Loss of time.</p> <p>Losses of profits in a business • cannot be allowed unless the data of estimation are so definite, and certain that they can be ascertained reasonably by calculation.</p> <p>2. Damages. Loss of profits. Calculation. Evidence.</p> <p>In a suit for damages by an ice company against a railroad company for closing a spur track, where the damages were for, first, loss of gains, and profits, second, loss of service of its .president, and third, amounts paid for service of attorney and for traveling, hotel, telegraph and other expenses of attorney and president, the court held, that the testimony lacked the necessary information from which a calculation could be made of the amount of the loss sustained.</p> <p>3. Damages. Attorney, fees.</p> <p>It is the general rule that attorneys’ fees should not be recovered as part of damages, unless the wrong or injury complained of is connected with some circumstance of aggravation or malice.</p> <p>4. Same.</p> <p>It is the rule in Mississippi that attorneys’ fees can be awarded in cases in which exemplary damages are given.</p> <p>5. Damages. Loss of time of president of plaintiff company.</p> <p>In a suit for damages by an ice company against a railroad company for closing a spur track, an item of damage for loss of time by tbe president of the ice company will not be allowed where it is not shown that the services he rendered in adjusting with the railroad company the matter in regard to the closing of the spur track were outside the scope of his official duties and were an extra expense to the company.</p>