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Alabama amount awarded beneficiaries cause of action Chicago circumstances citing Coal Code Colo common carriers compensation considered contributory negligence court cuniary damages with reference death deceased deceased's Delaware dependent Dist earning capacity elements of damages employee entitled evidence exemplary damages expectation of pecuniary expenses factors Fair father fellow servants habits husband Iowa Jefferson County Laws liable Louis Louisville & N. R. Mass measure of damages Minn minor child Missouri P. R. mother necessary injury nominal damages Ohio parents Pecuniarily suffered pecuniary benefit pecuniary injury pecuniary loss Pennsylvania personal representative plaintiff provides railroad company reasonable expectation recovery right of action Stat statute statutory suffered or sustained survival Teleg Tenn tion Utah verdict Western widow wife wrongful act Zebe
Page 1422 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 1514 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 1514 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Page 1422 - ... For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them. Now the above principles are those by which we think the jury ought to be guided in estimating the damages arising out of any breach of contract.
Page 1103 - ... that the injury was caused by the negligence of a fellow servant or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee.
Page 911 - ... of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 1131 - ... for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners...
Page 1553 - ... the damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 1422 - In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself, or as such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.