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Seaboard Air-Line Railway v. Harris

Seaboard Air-Line Ry. v. Harris, 49 S.E. 703 (Ga. 1905)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
January 27, 1905
Judges
Simmons
Citations
49 S.E. 703121 Ga. 7071905 Ga. LEXIS 48
Summary
Action for damages. Before Judge Crisp. City court of Americus. February 11, 1904.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Simmons

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Simmons, C. J.

Where a traveling salesman, whose compensation is based on commissions on such orders, secured, by him, as his employer approves, shipped his trunks of samples over the line of a common carrier, and they were unreasonably delayed, he can not, in a suit for breach of the contract *708 to convey, recover as damages for such delay the profits from orders which, tested by past experience, he would have secured during the period he was without his trunks. Such damages are too remote and speculative, grow out of an enterprise collateral to the contract to ship the trunks, and are not such as the parties contemplated, when- the contract was made, as the natural result of its breach. Civil Code, § 3798; Georgia Railroad v. Hayden, 71 Ga. 518 . Judgment reversed.

Argued December 13, 1904. — Decided January 27, 1905. Action for damages. Before Judge Crisp. City court of Americus. February 11, 1904. E. A. Hawkins, for plaintiff in error. J. H. Lumpkin, contra.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1908: 11913: 21914: 11917: 11919: 11943: 11946: 119082026peak 1913 · 2

Relies on it most ⓘ

  1. American Agricultural Chemical Co. v. Rhodes77 S.E. 582 (Ga. 1913)
  2. Southwestern Railroad v. Vellines82 S.E. 166 (Ga. Ct. App. 1914)
  3. Hoffman v. Louis L. Battey Post39 S.E.2d 889 (Ga. Ct. App. 1946)
  4. Smalls v. Brennan80 S.E. 339 (Ga. Ct. App. 1913)
  5. Chickamauga Manufacturing Co. v. Augusta Grocery Co.98 S.E. 114 (Ga. Ct. App. 1919)
  6. East Side Lumber & Coal Co. v. Barfield24 S.E.2d 681 (Ga. 1943)

Most recent

  1. Hoffman v. Louis L. Battey Post39 S.E.2d 889 (Ga. Ct. App. 1946)
  2. East Side Lumber & Coal Co. v. Barfield24 S.E.2d 681 (Ga. 1943)
  3. Chickamauga Manufacturing Co. v. Augusta Grocery Co.98 S.E. 114 (Ga. Ct. App. 1919)
  4. Williams Manufacturing Co. v. Schofield's Sons Co.93 S.E. 527 (Ga. Ct. App. 1917)
  5. Southwestern Railroad v. Vellines82 S.E. 166 (Ga. Ct. App. 1914)
  6. Smalls v. Brennan80 S.E. 339 (Ga. Ct. App. 1913)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Ga. R.R. v. Hayden, 71 Ga. 518 (1883) 22

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