Seabd. Air Bine Ry v. Harris

• Decision Date: 27 January 1905
• Citation: 121 Ga. 707,49 S.E. 703
• Parties: SEABOARD AIR BINE RY. v. HARRIS.
• Court: Georgia Supreme Court

49 S.E. 703

121 Ga. 707

SEABOARD AIR BINE RY.

v.HARRIS.

Supreme Court of Georgia.

Jan. 27, 1905.

CARRIERS—DELIVERY OF BAGGAGE—DELAY— DAMAGES.

1. 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 cannot, in a suit for breach of the contract 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. Civ. Code, 1895, § 3798; Georgia Railroad v. Hay-den, 71 Ga. 518, 51 Am. Rep. 274.

(Syllabus by the Court.)

Error from City Court of Americus; C. R. Crisp, Judge.

Action by J. A. Harris against the Seaboard Air Bine Railway. Judgment for plaintiff. Defendant brings error. Reversed.

E. A. Hawkins, for plaintiff in error.

J. H. Bumpkin, for defendant in error.

SIMMONS, C. J. Judgment reversed. All the Justices concur.