The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-05-04
Tho Graui Trunk Case.

In our report of the trial OF the case of Wes-
ton ct al. V. Grand Trunk Railway Company,
the concluding portion Of Judge Tapley's
charge, in relation to the estimation of damages
was omitted. We give it now as it may be ui
some benefit to our mercantile community.
Ifyou should find from the whole evidence
in the case that there was an unreasonable and
unjustifiable delay on the transportation of the
plaintiffs goods you will be required to exam
inc another question, that of damages. Where
one party suffers by the default of another, he
is entitled to recover the damages which nat
urally and Immediately result from that de-
fault, or in other words, the cause of the dam
ages must be the prorimate cause, not a remote
cause. ..-..fI... ... I'd
The plaintiffs allege in the case that the did
suffer damages from the default Of the de-
tendant corporation. They say, they could
have sold their -four for more if it had arrived
in due time than they were able to after it did
arrive, that there was decline in the price of
-four after it should have arrived and before it
did of something like three dollars per barrel
and they claim, that this decline furnishes you
the RUE by which you must estimate their dam
ges. The defendants, on the other hand, con-
tend that, ii they liable at all it is only
for an amount eqnal. to interest, on the
purchase money during the delay; that
no other fixed definite rule of compu-
tation can be formed which will afford a
rule for all cases of this kind. Upon this point
Twill be perceived the counsel differ, and here
as ia other matters of law, as is well stated nv
both counsel you must take the rrie from tb.a
court at TINS tme leaving the parties to ftlrtner
pursuit OF this inquiry if they choose at anoth-
er forum.
There is frequently difficulty in estobl;sb-
ing one rule of computation for eases &c .:.s;i
ar character. Cases which proceed in cos,rt
by the same form of proceeding present al e.
mt circun1 ,tances indicating the actual dana.
ges suffered. The plaintiffs in this case are
mt anti la1 to
damage suffered and this they are entitled toll
the proxImate cause was the defuult of the
defendants. What the actual damage is
mist he gathered from the evidence in the
ease. The real actual decline of -four during
the period of unreasonable delay is not necessa-
riiy the rule, Had the -four arrived in due
ume these plaintiffs may or may not have been
able TO sell for the then market price; they
might or might not offer it for sale; some por-
t t; OF u might have been sold and other pOr-
e,ols kept over until the decline Many cir
.nnstan 3es may arise and be imagined show
ihS 0haG TINS would not always be safe rule if
lnl x Oily alhersl to. The evidence Lour-
e tk UPON tins suaisct of decline of yalue in
Is proper for your consideration in
"irNlnS at Isle actual d0fndoe sustainad nv III
pl3intihs lfyou find for the plaint;ffs 80 80
WI Ihen enquire what the actual day W.
Gilich ms o9en sustained by the pl,. nt;4 h he,
Tue ael tuls OF the defendants und,r the rnies
from all the Evidence hp% inns IN y' will determine
9rd ySa any aid in Giving at eas se s %a,Sh M
ami would have j, '. IS are whole sale dealers
REALIZED ths h nest rates This Is matter matt a for
Is ur .gnI taton upon the proofs offered. It
H. 80 on the other hand that copsidera-
nc p" ZION of the -four arrived before the
~ tle q ID was of course not affect
ed BY it. You will re call to mind the proof up-
OF thatpoint and give it its proper weight on ar
irving at your conclusions.
If yoa should find there was an unreason-
able deay and find damages for the plaintiffs,
You ma if IN your judgment the plaintiffs are
eheitlgl 10 1t, add an amount equal to interest
% suca sum as you find the plaintiffs damages
were rom the time the flour was delivered up
10 lne present time; that is if you assess the
damages the plaintiffs were entitled to ut n
particular day which would be the day when
you NM the hour was actually delivered. and
able delay you can add to that sum an amount
equal to interest from that time.to the nresent
and place it with the other sum and maka ne,i
verdict for the whole amount in gross, maRina
no distinction in your verdict between the sum
found as damages at the particular time and
the sam added.