Appendix

• Author: Ramsey All/Daniel Batista/Koker Christensen/Ian Cooper
• Pages: 147-150

Hadley

v.

Baxendale

(1854),

9

Exch.

341,

156

Eng.Rep.

145.

(Court

of

Exchequer)

... At the

trial before

Crompton,

J., at the

last Gloucester Assizes,

it

appeared

that

the

plaintiffs

carried

on an

extensive business

as

millers

at

Gloucester;

and

that

on the I

ith

on

May,

their

mill

was

stopped

by

a

breakage

of the

crank

shaft

by

which

the

mill

was

worked.

The

steam-engine

was

manufactured

by

Messrs. Joyce

&

Co.,

the

engi-

neers,

at

Greenwich,

and it

became necessary

to

send

the

shaft

as a

pattern

for a new one to

Greenwich.

The

fracture

was

discovered

on

the

12th,

and on the

I3th

the

plaintiffs

sent

one of

their

servants

to

the

office

of the

defendants,

who are the

well-known

carriers trading

under

the

name

of

Pickford

&

Co.,

for the

purpose

of

having

the

shaft

carried

to

Greenwich.

The

plaintiffs'

servant told

the

clerk that

the

mill

was

stopped,

and

that

the

shaft

must

be

sent immediately;

and

in

answer

to the

inquiry when

the

shaft

would

be

taken,

the

answer

was, that

if it was

sent

up by

twelve o'clock

any

day,

it

would

be

delivered

at

Greenwich

on the

following day.

On the

following

day

the

shaft

was

taken

by the

defendants, before noon,

for the

pur-

pose

of

being conveyed

to

Greenwich,

and the sum of

2!.

45.

"was

paid

for its

carriage

for the

whole distance;

at the

same time

the

defendants'

clerk

was

told that

a

special entry,

if

required, should

be

made

to

hasten

its

delivery.

The

delivery

of the

shaft

at

Greenwich

was

delayed

by

some neglect;

and the

consequence was, that

the

plaintiffs

did not

receive

the new

shaft

for

several days

after

they

would otherwise have done,

and the

working

of

their mill

was

there-

by

delayed,

and

they thereby lost

the

profits

they would otherwise

have

received.

Appendix

14?