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There, mill operators were forced to close operations to ship a broken shaft for repairs, and the carrier negligently delayed shipment.
Depending on the pumps, one may experience broken shaft, premature bearing failure, premature mechanical seal failure, premature packing failure, worn and damaged shaft sleeves, and high maintenance costs on your pumps.
Suppose the plaintiffs had another shaft in their possession put up or putting up at the time, and that they only wished to send back the broken shaft to the engineer who made it; it is clear that this would be quite consistent with the above circumstances, and yet the unreasonable delay in the delivery would have no effect upon the intermediate profits of the mill.
It cost Oxford the race, though Davidson continued to go through the motions of rowing, swinging his broken shaft forlornly back-and-forth, as Cambridge pulled away.
With multiple blows, the killer crushed her skull, and then rammed a fragment of broken shaft through her neck.
But how do these circumstances shew reasonably that the profits of the mill must be stopped by an unreasonable delay in the delivery of the broken shaft by the carrier to the third person?
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Clogged ports, potholed roads and persistent gridlock mean extra costs in the form of blown truck tires, broken shafts and wasted time.
But it is obvious that, in the great multitude of cases of millers sending off broken shafts to third persons by a carrier under ordinary circumstances, such consequences would not, in all probability, have occurred; and these special circumstances were here never communicated by the plaintiffs to the defendants.
Consequential damages are a means of measuring the harm done when a party fails in some non-monetary performance — say, the transportation of a broken mill shaft (Hadley v Baxendale, 9 Ex 341 ) or the construction of a football stadium (Kenford Co. v County of Erie, 73 NY2d 312 ).
Open image in new window Fig. 4 Case 2: broken femoral shaft Open image in new window Fig. 5 Magnified view of the femoral neck region (same radiogram as in Fig. 4 apparently healthy femoral neck Open image in new window Fig. 6 Case 2: misplacement of an end cup.
Disaster struck as the Land Rover toiled up God-Help-Me-Pass – a broken half-shaft.
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