139 Ky. 449 | Ky. Ct. App. | 1906
Opinion op the Court by
Reversing-
In the winter of 1903 appellees were feeding a lot of cattle on their farm near East View Station, In Hardin county, and brought this action against appellant to recover damages for its failure to deliver to them in proper time at East Yiew a carload of cotton seed meal and hulls shipped from Memphis, Tenn. The bill of lading shows tbat tbe car was received by appellant company at Memphis on November 30, 1903, and it did not arrive, at East Yiew until December 28th, when in tbe ordinary course of transportation it should have reached there December 4th. Appellees, in October, 1903, bad shipped to them from
Appellant insists that,, as it had no notice before or at the time the car was delivered to it of the purpose for which the contents were needed, it is only liable for the difference in the value of the goods at the time they should have been delivered and their value when they were delivered, and that, as there is no evidence showing any depreciation during this time, there can be no recovery. The principal questions in the ease are: First, is a common carrier liable for special damages growing out of its failure to deliver goods or merchandise within a reasonable time after they have been received by it, when it did not, before or at the time of the delivery of the goods to it, have notice of the purpose for which they were needed, or the urgent necessity for their prompt
The identical questions involved in this case were before the court m Patterson v. Illinois Central Railroad Co. (decided Nov. 20, 1906), 97 S. W. 426, 123 Ky. 783. In that case the carload of cotton seed, meal and hulls was delivered to the railroad company on November 1st, and did not arrive at its destination until November 24th, when it should have been received about November 4th, and on November 4th the consignee notified the company’s agent at the place of destination of the purpose for which the meal was wanted. In delivering the opinion of the court, Chief Justice Hobson said: “The general rule is that, where a contract has been broken, the damages which may be recovered for the breach are such as may reasonably be supposed to have been in contemplation of both parties at the time they made the contract as the probable result of the breach of it. It will be observed that the damages which the plaintiff sought to recover are wholly special damages growing out of the fact that he was feeding a lot of cattle on cotton seed meal and hulls, that the cattle would not eat other food without loss, and that the delay in getting the cotton seed meal entailed upon him extra labor, expense, and loss in his cattle. This special loss was due to the peculiar circumstances of the plaintiff, and the rule is that, unless such special circumstances are brought home to the other contracting party at the time the contract is made, there can be no recovery of such damages, because they
This case is conclusive of the questions here involved, but we have examined with some care the authorities cited by appellee in support of the view that special damages in the nature of profits that might reasonably have been realized may be recover
In harmony with the doctrine announced in the cases cited, it may be said that the rule that obtains as to the measure of damages in an action by the
The judgment is reversed, with directions for a new trial in conformity with this opinion.