Chicago & Northwestern Railway Co. v. Stanbro

Citations

• 87 Ill. 195

Syllabus

<p>1. Railroads—liability for not delivering grain at proper place. To make a railway company liable under section 82, chapter 114, Revised Statutes of 1874, for not delivering grain to the consignee, or place of consignment, the freight must be in bulk, and must be consigned to the warehouse or place in question at the time of shipment. A demand at the place of destination is not, of itself, sufficient.</p> <p>2. Measure of damages-—not delivering grain at warehouse. In a simple action on the case, without reference to the statute, against a railway company, for not delivering grain shipped in bulk to a particular warehouse, the true measure of damages is the necessary cost of moving the cars to the place required. If the suit is under the statute, the depreciation in the price of the grain may be considered.</p>