United States v. New York, N. H. & H. R. Co.

In giving judgment against defendant carrier for potatoes damaged in shipment from Virginia to ConnectiCut, Judge Hincks fixed damages based on the market value at destination, citing Weirton Steel Co. v. Isbrandtsen-Moller Co., 2 Cir., 126 F.2d 593. Defendard; contends that it is liable for only nominal damages, since the potatoes, purchased' as part of the government’s program of price support, were being sent ag a gift to the Connecticut State Hospital at Middletown, Connecticut. ruie applied is the usual one under the Cummins Amendment, 49 U.S.C. § 20(11), and is not to be varied by…