Rives v. American Railway Express Co.

The plaintiff, a vaudeville artist, seeks damages for defendant’s failure to promptly forward certain trunks containing his theatrical equipment. The question presented is whether he is entitled to recover the sum of $285 which he asserts he would have earned in a subsequent engagement had his trunks arrived at destination in due time.

Plaintiff completed an engagement at Waltham, Mass., on the evening of August 4, 1928. At about noon of that day he went to the defendant’s local office and told the man in charge that he was concluding his performance. He was told that his trunks would be…