Illinois Central Railroad v. Cobb, Blaisdell & Co.

Citations

• 72 Ill. 148

Syllabus

<p>1. Measure of damages—liability of common carrier for delay in transportation of grain. If a railroad company fails to transport grain delivered to it for that purpose to its point of destination within a reasonable time, and the price of grain declines in the market at the point to which it is consigned, the owner of the grain is entitled to recover the difference between the market price at that point when it should have arrived and the time it actually does arrive.</p> <p>2. If, in consequence of unreasonable delay on the part of a railroad company in the transportation of grain, there ceases to be a market for the grain at the point to which it is consigned, the owner may, without unreasonable delay, ship the grain to some point where it can be sold for the most advantageous price, dispose of it to the best advantage, and hold the railroad company for the loss.</p> <p>3. Same—extent of proof required of plaintiff ifi suit for loss on grain by reason of delay in its transportation. In a suit against a railroad company for unreasonable delay in the transportation of grain, it is not sufficient for the plaintiff to prove that, when the grain arrived after the time it should have arrived, he realized a specific sum for the grain, and then stop; but he should prove, clearly, what disposition was made of it, how long, if at all, it was stored, and at what expense, and, if sold, the price it brought, and the expense of sale.</p> <p>4. Evidence—what competent as tending to prove a mrn'het price. In a suit against a railroad company for unreasonable delate in the transportation of grain, where the plaintiff has proved the market price of grain at the point to which it was consigned at the time when, if there had been no unreasonable delay, it would have arrived, it is competent for the defendant to prove that the plaintiff sold grain at that point, during the time the grain was actually arriving there, at a certain price,- as a fact tending to establish the market pri