Lambert-Murray Co. v. Southern Express Co. ( 1907 )

OlaRK^C. J.

The negligence is admitted. The only controversy is as to the measure of damages. The defendant, at the trial, tendered to the plaintiff the return of the original box and contents, but admits that at that time they had “no market value and have since had none, although they have sustained no physical injury, having suffered their loss of value on account of failure on the part of the defendant to deliver within a reasonable time.”

As the defendant admits that the loss of value was caused by its own negligence, it is difficult to conceive any reason why it should not be responsible for the damage caused by its own wrong. It undertook, for a consideration, to carry the goods speedily and safely to their destination. It did not do so. It has offered no excuse; indeed, it frankly says that it has none. If it had been important to know the contents of the box to spur'it to diligence, it does not appear that it inquired. The very nature of its business and the application for its services were notice that prompt delivery was of the essence of the contract.

Tbe defendant relies upon the well-known doctrine of Hadley v . Baxendale, 9 Exch., 341, that the damages for breach of contract should be “such as may fairly and reasonably be considered either as arising naturally — i. e., according to the usual course of thipgs 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 it.”

The defendant did not inquire as to the contents of the box, but, when it received the box for quick transportation, what ' may more reasonably be supposed to have been in the contemplation of both parties than that, if, by reason of the negligence of the defendant, the package was so delayed in transmission as to become wholly or partially worthless, for any reason, the carrier who for a price had stipulated for prompt and safe delivery should be liable for any damage or loss caused by such negligence? A carrier by ordinary freight train is insurer of safe delivery and within reasonable time. An express company guarantees the promptest possible delivery, and is liable for any deterioration in the value of the goods caused by failure to fill that contract.

Affirmed.