The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1888-03-30
LAW toR TRAVELLERS
DeIays and Detentions For which Dana Res
May He Collected.

Dsrays and Deten.,ons For which Dana scs
May Be Collected.
| We can all recollect occasions when
we have sworn eternal vengeance
against some railway company for
landing us at our destination an hour
or two late. or for stopping us Mt little
wayside station through dreary cycle
of time. We forget all about II after
a good square meal.
There are many occasions, doubtless.
when the company would be liable to
us for nominal damages for failing 10
carry MS according to the timetable;
for the publication Of timetable IL
a public profession to carry you accord
| ing to its terms Exch. 967.
But II Is seldom that passenger can
recover more than nominal damages
aud Il is not every case which will
warrant the giving of nominal dam
ages-for the publication of n time
table Is not an unconditional engage
ment to have the trains arrive and
depart precisely at the appointed
moment--52 N. H. 500.
II you have purchased ticket by
steamer sailing at an appointed time,
! and IL fails to carry you. your items Of
damage would be the price of ycur
ticket-providrd you have paid In ad
yance-the expense of waiting for
another vessel Ia sail. and the price of
! your ticket on the other vessel. II Is
/ paying you 10 ride, and giving yon food
! aud lodging in the bargain.-1 Abb.
/ Adm. r. 80.
And so, IL passenger is taken sick
during detention. II Is said 10 b..
properfor him to receive his expenses in
/ the meanwhile. and also the expenses
Of the illness. both during the detention
and following it.-2e ". Y. PIT.
More explicitly. the legitimate items
of damage are the expenses to which
you are directly or indirectly put. and
| the value of the time you directly or in
directly lose by reason Of detention
which is the result of the carriers breach
of duty or negligence. For detention
resulting otherwise you are not entitled
To any damages.
/ For no company is responsible for n
want Of punctuality not attributable tn
its negligence. So ~ H. $50.
III lost time is an item Of damage, you
can not collect fancy price which you
may set upon your time; but its value
must be proved with reasonable GER
iainty. rs we shall see when we 6ame
10 the questioned damages for injuries
to- ~ person. n. Y. 391.
II should go without saying that you
/ are only entitled to actual damages
unless yon can show that the delay or
neglect to carry you as agreed Is willful
of malicious. II Cal 33S.
II il meant that you are not entitled
to punative or exemplary damages =
something over and above the damage
10 you in dollars and cents. In the Old
fashioned vcrr acularit is called "snari
money. 80 Am. Law Reg. U. 5. $40.
A passenger bound for California,
expecting TO find position there to
work at his trade or avocation, and
who might be delayed a week by fault
of the rail. could show the rate Of wages
earned there by persons of the same
trade; hut such rate would not be con-
elusive as to the val;.e Of his week
time; he might not lind employment M
once. and the jury should take this
uncertainty into account,-1 Cal. S33.
But it has been held when the claim
ant offers no evidence rs to the value
of lost time. the jury is not precluded
from giving him such compensation
therefor as they may think reasonable
"a How. Pr. (N. Y.4l44
If a belated passenger is drawing =
regular salary. or is under engagement
to enter service at stipulated wages. the
sum he would have received during the
lost time is the measure of his damage.
in that respects n. Y 631
A partner in mercantile house
whose salary is his share of the profits
nay prove the nature of his business
its extent. etc. and the time he wa,
prevented from attending to it-2;
Wend. IN. W 425.
But If loss of profits is sought. tn,
business must be of such nature as (,
J allow the loss to be fixed with reasona
} BILE certainty.-5S n. Y. 391.
For an ordinary commercial business
is too uncertain and dependent on th'
! exigencies of trade to ascertain wha
the profits would have been had maj
been carried through in time an,
enabled to attend to it'd.
A physician or lawyer might collec
: any loss which should occur through
. being prevented from attending to tn,
wants of patients or clients; but h
must prove the loss with certainty.-7
Ill. 391.
An Illinois physician once on q tim
calculated to visit patient at the mex
station. but the train failed to stop TO
! him. He would have had to wait fiv
or six hours for the next train. SO h.
walked. 1t was held that he was no
entitled to damages for the injury {,
his health which resulted.
: The journey was not the necessar,
result of his being left on the train, bu
: was a risk he incurred himself HI
recovered only nominal damages. sd
| M r. Bly,. IVA A. B. c. PdthfRde
Guide.
The Queen Regent Of Spain ha
addressed letter to Mrs. Cleveland
asking her for her photograph.
MI. Do.a Elf1ahath Clavaland ro