Schroader v. Railway Express Agency, Inc.

PaakeR, J:

Tbe defendant assigns as Error No. 4 all of the court’s charge on the third issue of damages. On this issue the court charged as follows: “Now, as to damages for livestock the Court instructs you as follows : Where the livestock is retained by the defendant, then the Court instructs you that the measure of damage would be the reasonable or fair market value of such livestock at the time they were shipped.” Then the court summed up the contentions of the plaintiff in 11 lines, which in substance was that the fair market value of the livestock was $13.00 a hundred, that he shipped…