Illinois Central Railroad v. Cobb, Christy & Co.

Citations

• 64 Ill. 143

Syllabus

<p>1. Measure oe damages—in action against a carrier for non-delirery of goods in proper time. In an action against a railroad company to recover damages for non-delivery of corn shipped by the plaintiff, within proper time, so that the corn, by reason of the delay in transportation, became damaged, and was therefore rejected on its arrival at the place of destination, by the party to whom it was shipped under a contract of purchase from the plaintiff, it appeared the plaintiff had re-sold to his vendor such portion of the com as might be thus rejected, at the same price he had purchased it for: Held, the measure of damages in the suit against the' carrier was the contract price for which the plaintiff had sold the corn, less the amount received by him on his re-sale to his vendor.</p> <p>2. Where the plaintiff in such case had other corn than that delayed in transportation, at the place of destination, sufficient to fill his contract, and which he tendered to his vendee, but which the latter refused, the plaintiff could not recover damages based upon the contract price, but only upon the market value of the com at the place of destination.</p> <p>3. Evidence—of sworn statements made by ® parity in another proceeding. In an action against a. carrier for non-delivery of corn within proper time, whereby the corn was damaged, and therefore, as alleged by the plaintiff, rejected by the government, with wjiom he had a contract for the sale of a lot of com, the defendant gave in evidence a petition filed by the plaintiff in the Court of Claims at Washington, signed and sworn to by him, stating certain facts affecting his right of recovery in the pending suit, and the petition thus shown was received as true.</p>