Alford v. Illinois Central Railroad

Citations

• 9 Teiss. 110
• 1912 La. App. LEXIS 5

Syllabus

<p>1. As a general rule, a shipper, cannot abandon the damaged goods td the carrier and treat the whole matter as a constructive total loss; but the measure of damages is the difference between the value-of the goods in their damaged state and the value which they would have had if delivered in good order and condition.</p> <p>2. Under the terms of Article 906, of the Code of Practice, an appellate Court has the right to remand a case with instructions to the Court a qua to take further testimony only on a particular point as to which the evidence is insufficient or not clear.</p>