Nashville, C. & St. L. Ry. v. W. L. Halsey Grocery Co.

Two cases of cigarettes were shipped to plaintiff at Huntsville, Ala., from Durham, N. C., and defendant, as one of the connecting carriers, admits liability for nondelivery thereof, but insists the damages should be limited to the purchase price at Durham. The price to plaintiff at Durham was $64 per case, with a trade discount of 10 per cent., making the true invoice price $57.60. The trial court awarded the damages at $64 per ease upon the undisputed evidence that this sum represents the market value of the cigarettes at Huntsville, the point of destination, as it appears from the proof…