Weston v. Grand Trunk Railway Co.
Supreme Judicial Court of Maine
On Exceptions. Case, to recover damages for alleged unjustifiable delay in the transportation of flour. The count in the writ contained an allegation that, during” the time of such delay, " the market value of said flour fell and depreciated a very great amount, which said amount, by reason of such detention, was wholly lost to the plaintiffs.”
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On Exceptions. Case, to recover damages for alleged unjustifiable delay in the transportation of flour. The count in the writ contained an allegation that, during” the time of such delay, " the market value of said flour fell and depreciated a very great amount, which said amount, by reason of such detention, was wholly lost to the plaintiffs.” The remaining facts sufficiently appear in the opinion. cited Wilbert v. N. Y. & E. R. R. Go. 19 Barb., 36; Jones v. N. Y. & E. R. R. Co., 29 Barb., 633 ; Qonger v. Hudson River R. R. Oo., 6 Duer, 375 ; Smeed v. Ford, 1 E. &E., 602; Merrill v. Dixey,…
1Opinion of the CourtAppletON, C. J.
The defendants are common carriers. The jury, under instructions, to which no exceptions have been taken, have found that there was unreasonable and unnecessary delay on the part of the defendants in the transportation of the plaintiff’s flour, and that he has sustained damage by reason of such delay.
The only question presented in argument relates to the true rule of damage. The defendants deny that they are liable for more than interest on the purchase money, during the delay. The Court instructed the jury that they might take into consideration the decline in the market value of flour…
2Cases cited3 opinions
- Laurent v. VaughnSupreme Court of Vermont · 1858
- Galena & Chicago Union Railroad v. RaeIllinois Supreme Court · 1857
- Sangamon & Morgan Railroad v. HenryIllinois Supreme Court · 1852
3Cited by1 opinion
- Lyons v. Grand Trunk Railway Co.Michigan Supreme Court · 1915