Kennedy & Kratzer, Inc. v. Chicago, Burlington & Quincy Railroad

Plaintiff sues to recover for damages to a shipment of potatoes incurred while in transit on defendant’s railroad. Liability was conceded and the amount of damages was determined by the court without a jury. The court entered judgment for $1,300.45 based on his finding that plaintiff had properly abandoned the shipment and was entitled to the market value of the potatoes as of the time of delivery to the carrier less freight charges. Defendant contends that this was not the proper measure of damages, that plaintiff should have accepted the shipment, sold the potatoes for the best price it…