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Theodore Sedgwick.

A treatise on the measure of damages, or, An inquiry into the principles which govern the amount of pecuniary compensation awarded by courts of justice (Volume 4) online

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suits for recovery of. See Detinue; Replevin.
SPECIFIC RELIEF, equity gives, 3.
SPECIFICATIONS, departure from, 658.
SPECULATION, loss of opportunity to engage in, 200.

effect of, on market value, 249, 265.
SPECULATIVE, future d. for death are necessarily, 574.

consequences, 172.

d., 1123a, 1163.

not recoverable on injunction bond, 685&.

loss, not recoverable for breach of contract, 610.
from error in transmitting telegram, 888.
caused by illegal distraint, not recoverable, 990a.
not recoverable in action for fraud in sale of land, 1027a.
d. for, 888. See Certainty of Proof.

value of land not allowed, 1018.
SPEED of trains, whether new burden, 1152a.
SPENDING, habits of, considered in actions for death, 574a.
SPINE, excessive d. for fracture of, 1350.
SPLITTING demand for d., 1109.
SPOUTS, i)rojccting, 1166/).
SPRING, pumping water from, 91 n.

defect in, 164a.

failure of title to take water from, 975.

cutting off percolating water from, 1120 n.

loss of use of, 11 64.

taking land containing, 1165.
SPRINGS, defect in, 164a.
SQUIB, action for throwing lighted, 115.
STAGNANT WA'i'l'.H, pools of, 1165.
STAKIO HOLDER, where chargeable with interest, 305.
STALLION, sold for breeding purposes, 164a.

injured, probable profits could be shown, 195.

agreement to furnish, but a substitute was furnished, 200.
STAND for pul)lic house, 11716.
STANDARD OF VALUE. See Payment, Medium of.

adoption of new, 268.



INDEX 3359

[References are to sections, d. means damage; n. means note.]

STANDARD OF VALUE— Continued.

double, 269.
STANDING in the community, recovery for loss of, in action for breach of
promise of marriage, 6385.

social. See Social Standing.
STATE, interest on claim against, 338.

ofiicial bond runs to, 692.
STATE TREASURER, recovery on bond of, 692/.
STATED DAMAGES, same as liquidated d., 391.
STATEROOM, failure to provide, causing sickness, 45a.
STATION, failure to stop at, 45.

recovery for fear caused by accident before reaching, 47.

false representation on sale of land for, 186 n.

breach of contract to erect, 186 n.

railway, breach of contract to construct, 194, 630.

d. for carrying beyond, 212, 864a.

breach of contract to locate, 620 n.
to erect, 630.

failure to deliver telegram to meet traveller at, 881Z>.

establishment of, is special benefit, 1130.
STATUES, value of, 822 n.
STATUTE, no recovery of coimsel fees in actions based on, 235a.

interest given by, in England, 289.

frequently regulates recovery of interest in America, 293, 294.

rate of interest established by, 324a.

exemplary d. in actions based on, 377a.

regulating liquidated d., 426a.

provision by, for survival of action for personal injuries, 5706.

provision by, for survival of d. for death, 571.

d. for death may depend on peculiarity of, 574a.

bond given under, must conform strictly to requirements, 680.

furnishes measure of d. for breach of bond given under it, 680.

determines amount of recovery on official bond, 692.

providing for recovery against sheriff, 592i.

authorizing re-exchange on notes and checks, 700a.

forbidding hmitation of liability on poUcy of insurance, 726.

recovery of balance for improvements in action for mesne profits per-
mitted by, 915.

in Wisconsin, as to cutting trees, 934o.

regulating set off, 1031.

wrongful act outside of, 1100.

failure to comply with, 1110 n.

rule of d. in, 1112a.

in Minnesota on appraisal of lands, 1112a, n.

limit of time for claiming d. under, 1151 n.
STATUTE OF FRAUDS, recovery for services rendered on agreement void bv,
6736.

d. on failure to convey land because of, 10r2a.
STATUTE OF LIMITATIONS, 8G/>.

recovery for coimsel fees paid after barred by, 236 n.



3360 INDEX

[References are to sections, d. means damage; n. means note.]

STATUTE OF LIMITATIONS— Con^muerf.

interest on debt after new promise, 302.

recovery of debt barred by, pending injunction, 685^.

effect of, on right to contribution, 807.

against recover^' of mesne profits, 914.

effect of, on recovery for incumbrances, 978.

no recover^' of expense of extinguishing incumbrance barred by, 980.
STATUTES, fixing recovery on poUcy of insurance against fire, 722a.

d. under, 1076.

double and treble d. under, 1076.

authorizing public works, 1077.

English, on eminent domain, 1078.

benefits under English, 1103.

on change of street grade, 1112a.

on elevated railroad, 1112a, n.

on eminent domain, in Massachusetts, 1119.

as to benefit, 1131.

local, 1167.
STATUTORY BONDS. See Bonds, 680 et seq.

injunction bond is, 685.
STATUTORY DAMAGES. See Civil Damage Statutes.

application of principle of avoidable consequences to, 217.
STAY BOND, d. against surety on, 806.
STAY OF PROCEEDINGS on bringing property into court., 54.

in actions on bonds, 6756.
STEAIJNG of fruit, danger of, 1165c.
STEAM, cost of substituting for water power, 1164.
STEAM ENGINE, agreement to deliver at certain time, 145.

d. for not fiunishing, 276.
STEAM POWER, recoupment for failure to furnish, 1057.
STEAM RAILROAD in street, 1123.
STEAMBOAT, price of, 190.

d, for delay in completing, 657.

recovery for failure to provide agreed etateroom, caiLsing sickness, 46a.
STEEL, d. for breach of warranty of, 766.

STEEL PLANT, contract to erect and operate on land conveyed, 186 n.
STENOGRAPHER, recovery by, 171 n.

for salary during illness, 672.
STEPS projecting, 11666.

to reduce loss, 1172a.
STEREOTYPE plates, value of, 250.
STIPULATED DAMAGES. .SV-e Liquidated Damages.

u.se of term not conclusive, 406, 408.
STIPULATIO DUPLEX, 393.
STIPULATION for limitation of liability, whether valid, 851.

of amount of d. See Liquidated Damages.
STIPULATIONS in achniralty, 598.
STOCK, killed by failure to fence, single recovery for, 84a.

action for killing, 856, n.

nominal d., 107a, n.



INDEX 3361

[References are to sections, d. means damaL';.'; -i- i.-ca.:; i.^te.]

STOCK— Continued.

deterioration in, 1G5.

frightoninfr of^ i i(j5.

liability for killing, llG^c.

of gootls, value of, 248rt.
STOCK BOOK, action for refusal to allow inspection of, 103 n.
STOCK BROKERS' ACCOUNTS, interest on, by custom, 311.
STOCK, CORPORATE, payment for service in preferred, 192.

agreement to pool, 200.

replacement after breach of contract to carry or purchase, 228a.

contract for carrj'ing on a margin, 228r/, 228e.

decline in value of after conversion, 228/.

value of share of, 257, 73.5a.

contract payable in, 276.

interest upon failure to return borrowed, 313o.

interest for failure to return on demand, 313a.

fraud in dealing with, 439/;.

d. for fraudulent issue or transfer of, 439/i.

conversion of certificate of, 494.

whether Jiigher intermediate value recoverable in action for refusal to
transfer or dehver, 507, 508, 514, 517, 519.

conversion of, 509.

specific performance of contract for delivery of, 509 n.

d. for breach of contract to carry, 523.

detinue for certificate of, 527.

recovery of dividends on replevin of, 539.

contract for payment in, 611.

breach of contract to supply worthless, 619.

contract to subscribe for, 627.

call on, 627.

breach of contract to buy, sell, or transfer, 627a.

d. for failure to deliver, 736, 744-749.

d. for refusal to repurchase, 754.

d. against agent to deal in, 827.

d. for breach of warranty of value of, 763.

d. for fraud in sale of, 778, 779.

avoidable consequences of wrongful sale of, 815.

agent to deal in, 828.

loss in dealings in, by failure to transmit telegram, 882.

loss of sale of, through failure to transmit telegram, 883.

d. for breach of warranty where land given for, 965.

recoupment in action of trover for, 1044.

market value of, lllld.
STOCKHOLDER, action by, 170.

interest on liability of, 301a.

interest on assessment upon, 301a.

actions against, 627.

injunction against removing property of corporation from state by, 685o.

not liable for negligence of directors, 830.
STOCK IN TRADE, conversion of, lS2n.

211



3362 INDEX

[References are to sections, d. means damage; n. means note.]

STONE, d. for breach of contract to supply, 617.

value of, 1166c.

throwing, on adjacent land, 1111.
STOP, failure of train to, 45.

STOP-OVER TICKET, d. for failure of conductor to furnish, 865.
STORAGE BASIN, land taken for, 1171e.
STORE, contract to erect and maintain, 1S6 n.
STORING GOODS, pending injunction, recovery of cost of, 6S5h.
STORM, on certain day, causing loss, 151.

loss by, whether recoverable, 151.
STOVE, recoupment in action for price of, 1039.
"STRADDLE," d. for wrongfully closing, 828.
STRAW, d. for refusal to receive, 753.

d. for breach of contract not to sell, from leased farm, 999A:.
STREAM, navigable, obstruction of, 35.

obstruction of, 88.

wrongfully obstructed, 93.

diversion of, without actual d., 100.

value of, 1085.

of water, diversion of, 1107.

obstruction of, by railway, 1112.

conversion of, into sewer, 1149 n.

right to flow of, 1119a.
STREET, liquidated d. on breach of contract to lay out, 416.

d. for breach of contract to grade, 618 n.

breach of contract to put in good condition, 020 n.

contract of railroad to keep in repair, 999//.

d. for changing grade of, 217, 1120, 1122 n.

closing of, 1090.

widening of, 1 102.

depreciation in value of abutting land by running trams on, 1102.

obstructed by shedding of water, 1107a, n.

repairs to, 1108 n.

use of, 1108 n.

granting location on to railroad, 1108 n.

building approach to viaduct across, 1 109 n.

taking of land for, 1110 n., 11495.

filling, to old grade, 1112a, n.

embankment in, 1112a, n.

acceptance or adoption of, 1112a., n.

grading of, 1113, 1115, 1117 n., 1122.

grading, consequential d. due to, 1120.

tunnel under, 1116.

aVjutting, elevated railway on, 1117.

operation of railroad in, 1117, 1123.

opening, consequential d. due to, 1 120.

construction of el(!vated railroad on, 1121 n.

opening, across railroad track, 1121 n.

ob.st ruction of, 1123.

building of railroad in, 1123.



INDEX 3363

[References are to sections, d. means damage; n. means note.]

STREET— Continued.

d. from closing of, 1 123.

closing of public or established, 1123.

building of sidetrack on, 1123.

destruction of access by excavations in, 1123.

steam railroad in, 1123.

cutting down abutting, 1123.

excavations in distant, 1123.

interference with easement in, 1123.

deprivation of easement in, 1123 n.

altering natural grade of, 1123 n.

building of quarry railroad in, 1123 n.

assessment of benefits for change of grade of, 1128.

railroad in, 1149 n.

recognition of land as, by deed, 11496.

opening of, through undeveloped laud, 1150.

taking of fee in existing, 1150.

widening of, 1151.

laying out of, 1151 n.

discontinuance of, 1151 ft.

establishment of, across railroad, 1152a.

across railroad yard, 1152a.

projections in, 11666.

measure of d. for illegal use of, 1180-1211.

municipal corporation, 1182.

not responsible for grading, 1182.

use of, by horse railroads, 1183.

by steam railroads, 1184.

use of, constitiiting a nuisance, 1184.

excessive or exclusive use of, 1184.

ownership in, 1185, 1194.
STREET GRADE, change of, 1110 ft., 1120, 1121 n., 1123 n., 1149b, 1151 n.,
11656, 1168 ft.

lowering of, by railroad, 11 12 w.

raising of, 1123 n.

statutes on change of, 1112a.

change of, in Kansas, 1112a, n.
STREET IMPROVEMENTS, 1123 ft.
STREET RAILROAD, breach of contract to construct, 186 n.

not new burden on highway, 1152a.

d. for construction of, 1123 ft.
STREET OPENINGS, recovery of benefits for, 1128.
STREETS, easements in. See Easements.
STRIKE, interruption of service by, 672 74.
STRIP through factory, taking of, 1149 ft.
STRUCTURAL DAMAGE, 1092.
d. to buildings, 1096.
Sl'RUCTURE, private, or other work on land, 93.

erection of causing injury, 95.

failure to put on land, 186.



3364 INDEX

[References are to sections, d. means damage; n. means note.]

STRUCTURE— Continued.

of improvement, change in, 1109.

railroad, d. from, 1149 n.

in elevated railway cases, 1187.
SUB-AGENT, liability of, to agent, 833.
SUB-CONTRACT, d. for loss of, 156, 157, 161, 162, 163.

notice of, 161.

but not of price, 163.

avoidable consequences, 220.

expenses of litigation on, whether recoverable, 240.

value as affected by, 433.

evidence of, as affecting the value of chattels, 506.

d. for loss of, 614.

effect of, on d. for breach of contract for construction, 642.

d. for breach of, 648a.

price receivable on, whether recoverable on non-delivery, 740.

recovery for loss of, within contemplation of parties, 767.

d. for loss of, in action for breach of warranty, 770.

loss of, whether remote on non-delivery by carrier, 850.

d. against carrier for loss of, 850.
SUB-CONTRACTOR, d. for, or against, 648a.
SUB-LESSEE, liability of, to lessee, for costs on contract to repair, 992,

1000.
SUB-TENANT, contract to indemnify against claim of, 794.

d. for loss of, by breach of covenant to repair, 992.
SUBMISSION to award, d. for revocation of, 687.
SUBSCRIPTION, of large amount of money will not reduce d., 67.

for stock, action upon, 627.

d. for breach of contract to allow opportunity for, 627a.
SUBDIVISIONS, availabihty of, for city lots, 11656."
SUBSEQUENT action, 1149 n.

loss, no recovery for, 84.

purchaser, action by, 1175.

taker, leased to, 1105.

user, d. from, 1095.
SUBSIDING of surface, danger of, 1166c.
SUBSTANTIAL d., distinguished from nominal, 96.

performance of obligation, 657.
SUBSTITUTE, expense of procuring, 226<7.

bettor than original, 226/i.
SUBSTITUTED PERFORMANCE, recovery of coat of, 618.
SUBSTITUTION, of railroad for plank-road, 1109.

of trestle for embankment, 1152.

of steam for water power, cost of, 1164.
SUBWAY, construction of, 1151 ?/.
SUCCESS, necessary for recovery of salvage, 599c.
SUCCESSIVE actions on covenant against incumbrances, 968.

broachcH, 80.

bonds, liabilities on, 692(/.

injuries, compensation for liability to, 942.



INDEX 3365

[References are to sections, d. means damage; n. means note.]

SUCCESSIVE— Conhnwed.

performanQes of contract, 636^.

verdicts, not lightly set aside, 1327.
SUFFERANCE, tenant by, cannot recover compensation in eminent domain

proceedings, 1157.
SUFFERING. See Mental Suffering, Pain.
SUGAR, d. for delay in transportation of, 855.
SUGAR CANE, on'overflowed land, 191.
SUIT, exjiense of carrying on, 229.

operates as demand for payment, 314.

d. for malicious prosecution of, 468.

against officer on bond consolidated, 692.

contract to indemnify against, 795.

no recovery for expense of, when unnecessary, 804.

d. for neglect to defend, 831.

d. for bringing unauthorized, 839.

See Action.

d. after bringing. See Prospective Damages.
SUM, arbitrary', fixed as d., 1076.
SUMMER boarding house, availability of land for, 11716.

residence, property used as, 1171c.
SUNDAY, profits derived from business done on, 1826.
SUPERSEDEAS BOND, d. on, 688.
SUPERVISORS of town, d. in action against, 562.
SUPPORT, prospective d. for breach of agreement to, 89, 90.

of plaintiff for life, 90.

right of, 93o.

of husband, d. for, in action for alienation of affection, 4806.

recovery for loss of, through death, 575-578.

recovery by minor for loss of, 577.

breach of contract for, during life, 633a.

continuing contract to, 636i.

bond to, &75d, n.

lateral, removal of, 1110 n., 1123 n., 1149a.

recovery for loss of, under Civil Damage Act, 1249.

from coal strata for pipe line, 1166c.

of child, recovery for, 486c.
SUPPORT OF LAND, easement of, d. after writ for infringement of, 91.

d. for loss of, 925.

injury to, 1116.

by coal-bearing land, 1166c.
SUPPOSED benefits, not allowed in New York, 1130a.

SUPREME COURT OF THE UNITED STATES, rule in, for allowance of
interest, 322.
for rate of interest on overdue paper, 327.
on exemplary d. against corporations, 380.
on higher intermediate value in, 513.
for fraud in sale of goods, 778.
for recoupment, 1039.

what constitutes eviction in, 956.



3366 INDEX

[References are to sections, d. means damage; n. means note.]

SURETY. See Principal and Surety.
when entitled to interest, 304.
recovers interest on money paid for principal, 304.
action against sheriff for taking insufficient, 555.
breach of contract to become, 618 n., 622c.
expense of securing on bond, where recoverable, 691c.
liabiUty of, on official bond, 681a.

on bond of receiver of public monej-s, 692.

on bond of financial officer, 692/.

on bond of officer of corporation, 694.
has no action until he pays debt, 785.
cannot call on principal till he has paid debt, 785.
payment by note, 796, 797.

action against co-surety for contribution, 797, 807.
recovery by, upon payment by note, 797, 798.

on payment by bond, 798.
by land or goods, 800.
must be accepted as payment in full, 798.
paying debt for less than face only recovers expenditure, 801.
paying usurious interest, 801.

of litigation expenses, 803.
not liable for costs of action against principal, 803, 805.
must not incur expense for unnecessary suit, 804.
whether must give notice of suit, 805.
right of, to contribution, 807, 807a.
effect of insolvency of, 8076.
costs against co-surety, 808.
on sequestration bond, 106.
interest on money payable by, 302a.
bound by judgment against principal, 681o.
on bonds, action against, 681a.
not liable in exemplary d., 681a.
on official bond defined by law, 692o.
on executor's bond, Uability of, 6926.
on official bond, Uability of, 6926.

on cumulative bonds, liability of, for contribution, 692r.
on bond, whether released by approval of officer's accounts, 692/.
on bond of cashier, liability of, 694.
right of, to take advantage of partial payments, i]^r>lK
liability of, on special bond of executor or administrator, {J9'2j.
on bail bond, recovery of expenses by, 806.
SURETYSHIP, d. for breach of contract of, 784.

contract of, 784 et seq. See Principal and Surety.
SURFACE, support of, by coal-bearing land, 1166c.

subsiding, danger of, 1166c.
SURFACE WATER, damming of, 1109.
escape of, prevented, 1116 n.
throwing on property, 1117 n.
d. from, 1123.
turning on land, 1123 ii.



INDEX 3367

[References are to sections, d. means damage; n. means note.]

SURFACE WATER— Contiyiued.

obstruction of, 1165.

preventing flow of, 1166(/.

turning on land, IIGGJ.
SURGEON, action against, for negligence in healing plaintiff's broken leg, 86c.
for malpractice, 103.

recoupment for unskilful treatment by, 1037.
SURGEON'S INSTRUMENTS, whether baggage, 873 n.
SURGICAL OPERATION, one injured not obliged to submit to dangerous, 218.

d. for danger of suffering from, in the future, 226o.

excessive d. because of, 1352.
SURRENDER POSSESSION, d. on breach of covenant in lease to, 999;"
SURVEY of wreck, expense of, in admiralty, 589.
SURVIVAL, of exemplary d., 362.
SWITCH, contract to repair, 636/i.

location of, 1109.
SWITCHING YARD, d. to, 1121 n.
SWITCHMAN, injured on railroad, 172.

cost of maintaining, whether recoverable in eminent domain, 1152a. *
SYMPATHETIC mental suffering, no recovery for, 43g.
SYMPATHY^ undue, verdict set aside for, 1326.

TABLES OF MORTALITY, in elevated railway cases, 1201.
"TAKEN," meaning of, 1115.
TAKER, lease to subsequent, 1105.

benefit of cutting to, 1150.
TAIL,tenants for, 74.

TAKING OF PROPERTY^ by eminent domain, 1080, 1106, 1113, 1120, 1149,
1170.

of lands, measure of d., 1080.

of churchyards, 1081.

of fee, 1084, 1114.

of leaseholds, 1084.

of public-house, 1084, 1085, 1105.

of land for reservoir purposes, 1085.

or garden, 1086.

of land in part, 1099.

of lands for sewage works, 1102.

of life interest in mineral land, 1105.

of land leased back to lessor, 1105.

of property, compensation for, 1106.

of private property, 1107.

of buildings, 1107.

of easement, 1107.

of franchise, 1107.

of timber, 1107.

of materials for construction of canal, 1107.

kind of property subject to, 1107.

of land for sewer purposes, 1110 n.

of land for street, 1110 n. i



3368 INDEX

[References are to sections, d. means damage; n. means note.]

TAKING OF FROFERTY— Continued.

of land, under New York constitution, 1113.

of property, what is, 1114.

of beneficial enjoyment, 1114.

of right of waj' for railroad, 1114, 1166c, 11716.

further, 1116.

in California, 1116.

in Maryland, 1116.

in New York, 1116.

of fee in highway, 1119 n., 1150.

of railroad location, 1119 n.

of waters of great ponds, 1119.

of property, under Illinois constitution of 1870, 1121.

of railroad right of way, by telegraph company, 1149 n.

of strip through factory, 1149 /;.

of value, 1149 n., 1166c.

of telegraph right of way over railroad right of waj', 1149 n.

of land, for railroad, 1149 n., 1151 n.

injury short of, 1149.

of land in highway, 11496.

of land for street, 11496.

of filled land, 1151.

time of, 1151.

of land for reservoir purposes, 1151 n.

possession without assessment of d., 1151 n.

of right of way across railroads, 1152a

of land for dam, 1162.

for reservoir, 1162.
of bridge property, 1163.
of land containing spring of water, 1165.
of oil-bearing land, 1166c.
of land for levee purposes, 1166d.
of timber land, 1167 n.
of fruit trees, 1167 n.
of house, 1169.
of land for bridge, 1171o.
of farm under Flowage Act, 11716.
of land by town for water purposes, 11716.

to widen river, 11716.
of country church, 11716.
of turnpike road for highway, 1171d.
of land for jiortage railway, 1171e.

for storage basin, 1171c.
of briflges, 1173.
of ferries, 1 173.
of turnpikes, 1173.

(jf water works by city under contract, 1173.
of land by railroad, 1175.
of gr:.(l<', 11 7S.
TALEN'i of jjcrson injured may be shown, 485o.



INDEX 3369

[References are to sections, d. means damage; n. means note.]

TANNING, value of liquor used for, 252.

TAX, power to, in form of assessment of benefits, 1128.

TAX LIST, d. for refusal to place judgments on, 562.

TAX WARRANT, recovery on bond for failure to turn over, 692/.

TAXATION, valuation for, 242.

TAXES, interest on, 332.

illegally assessed, interest on, 303.

d. in action against collector of, .562.

paid during attachment, not recoverable on bond, 682.

embezzlement of, by sheriff, 682a.

whether amount of, included in recovery on policy of fire insurance, 720,
722.

amount of, included in whisky in bond, 722.

contract to pay, 789.

agreement of lessee to pay, 789.

d. against agent for failure to pay, 829.

deduction from mesne profits on account of payment of, 909, 918.

allowance for payment of, in action for mesne profits, 918.

d. for breach of agreement by lessee to pay, 999fc.

not subject to set off, 1031.
TAXING POWER involved in street openings, 1128.
TEA MERCHANT, no evidence of profits allowed, 181.
TEACH, d. for breach of contract to, 618 n.
TEACHER, contract to employ, at fixed salary, 107ft, n.

injury to, 180, 860.

d. for breach of contract to employ, 607 n.

recovery by, of salary though school closed, 672.

evidence of value of time of, 860.
TEAMS, frightening of, 1165c.
TELEGRAM, non-delivery of, announcing death, 47.

failure to deliver, 107a, 170 n.

negligence in transmitting, 1076.

consequential d. on delay or failure to deliver, 151.

after notice, 1()9.

ordering purchase, 200.

error in transmission or failure to transmit, 208a.

d. for failure to deliver, 212a.

avoidable consequences, 204, 212a.

personal exposure caused by failure to deliver, 226^.
TELEGRAPH COMPANY, liability for mental pain of which forewarned,
45a.

operating messenger service, 154.

liable for loss of goods, 8736.

failure to deliver telegram to person accused of crime, 169.

notice of contemplated consequences, 169, 879.

failure to deliver, 171a.

avoidable consequences, 204, 212a, 895.

d. for negligence of, 214.

exemplary d. against, 371a.



3370 INDEX

[References are to sections, d. means damage; n. means note.]

TELEGRAPH COUF ANY— Cotiiinued.
nature of contract of, S74.

of liability of, 875.
not a carrier, 875.

right of, to make reasonable regulations, 876.
limitation of liability of, 876.
repetition of message, 876.
action against, by sender, 877.

by receiver, 878.
compensation for natural consequences only, 879.
notice, when held to be conveyed to, 879, 880.
consequential d. when recoverable against, 881.

expenditures caused by failure to deliver or misdelivery, 881a.

consequential pliysical injury, 8816.
d. against, for loss of intended purchase, 882.

for loss of intended sale, 883.

for error in transmitting amount of goods, 884.



Online LibraryTheodore SedgwickA treatise on the measure of damages, or, An inquiry into the principles which govern the amount of pecuniary compensation awarded by courts of justice (Volume 4) → online text (page 78 of 81)