Priestly v. Northern Indiana & Chicago Railroad
Illinois Supreme Court
This was an action in case; the declaration contained six counts. The fifth count states, that on the 20th February, 1854, defendants being common carriers for hire, of goods, etc., and plaintiffs being at that time engaged in the business of manufacture of sash, scroll-work, etc., plaintiffs delivered to defendants, at Toledo, three boxes of machines, to be used in said manufacture, viz., machines for morticing, tennoning, planing, scroll-saws, etc., of the value of $2,000,…
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This was an action in case; the declaration contained six counts. The fifth count states, that on the 20th February, 1854, defendants being common carriers for hire, of goods, etc., and plaintiffs being at that time engaged in the business of manufacture of sash, scroll-work, etc., plaintiffs delivered to defendants, at Toledo, three boxes of machines, to be used in said manufacture, viz., machines for morticing, tennoning, planing, scroll-saws, etc., of the value of $2,000, which the defendants accepted, to be carried to Chicago, to be delivered to plaintiffs in. a reasonable time…
1Opinion of the CourtBreese, J.
The question in this case, arises upon the instruc tions given by the Circuit Court, on the trial, to which plaintiffs excepted. The court, after giving certain instructions for the plaintiffs, and refusing others, gave, of its own motion, the following :
“ If the jury find for plaintiffs, the true and only measure of damages is the difference in the market value of the machinery in question, in Chicago, at the time it arrived, and the time when it should have arrived ; and if the jury shall find no evidence on this subject has been given, from which any judgment can be formed, the plaintiffs…
2Cases cited2 opinions
- Sangamon & Morgan Railroad v. HenryIllinois Supreme Court · 1852
- Green v. MannIllinois Supreme Court · 1850
3Cited by17 opinions
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Patter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- St. Louis S. F. R. Co. v. Farmers' Union Gin Co.Supreme Court of Oklahoma · 1912
- Chicago, Burlington & Quincy Railroad v. HaleIllinois Supreme Court · 1876
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