Hammond v. M'Clures

1 S.C.L. 101

Opinion

Waties, J.

As the damages found in the former action have been paid by the present plaintiff, it is the same as if the tobacco had been delivered, and he is entitled to a recovery of his freight. Had the jury, in the former case, given less damages than the defendants really suffered or proved, it might have been a ground for a new trial on their part; but so far from desiring a new trial, they opposed it.

Verdict for plaintiff.