Yonge v. the Pacific Mail S.S. Co.
California Supreme Court · 1850-12-05 · cited 7×
The case involved a passenger suing a steamship company as common carriers for breaching a contract to transport him and his servant from New Orleans to San Francisco. The district court instructed the jury that damages should be measured by the wages a good bookkeeper and able-bodied worker could have earned in San Francisco during the period of detention. The appellate court reversed the judgment and ordered a new trial, finding two errors in the instruction: no evidence showed the plaintiff had any claim to his servant's services, and the rule treated hypothetical earnings as a fixed amount without allowing the jury to consider the likelihood of securing and retaining such employment. The court noted that while the verdict amount was not necessarily excessive, the improper charge prevented determining what the outcome would have been under correct guidance.