Louisville N. R. Co. v. Allegri

The trial judge instructed the jury that:. “The measure of plaintiff’s damage [if entitled] would be the difference between the reasonable market value of the cucumbers as they actually arrived in Salt Lake City and the reasonable market value of the cucumbers, had there been no fault on the part of the railroad company; in other words, the reasonable market value of the cucumbers had they been in the condition they would have been in, had there been no fault on the part of the railroad company.”

The evidence showed that the freight charges had not been paid on the shipment in question, except…