ILLINOIS CENTRAL R. CO. V. CRAIL, 281 U. S. 57 (1930)

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U.S. Supreme Court

Illinois Central R. Co. v. Crail, 281 U.S. 57 (1930)

Illinois Central R. Co. v. Crail

No. 75

Argued January 10, 1930

Decided February 24, 1930

281 U.S. 57


1. Under the Cummins Amendment and the common law of compensatory damages, the amount which a coal dealer is entitled to recover from a rail carrier for failure to make delivery of part of a carload shipment of coal is the full actual loss at point of destination. P. 281 U. S. 63.

2. Where the shortage was capable of replacement, and was, in fact, replaced in the course of the dealer's business from purchases made in carload lots at wholesale market price without added expense, the recovery is measured by the wholesale price, including any profit over cost at the mine plus freight, and not by the retail market price, which includes costs of delivery to retail customers

Page 281 U. S. 58

not incurred by the dealer and a retail profit not earned by him by any contract of resale. Pp. 281 U. S. 63-65.

31 F.2d 111 reversed.

Certiorari, 279 U.S. 833, to review a judgment of the circuit court of appeals which affirmed a Judgment of the district court, 21 F.2d 831, against the Railroad Company in an action for nondelivery of coal. See also 2 F.2d 287; 13 id. 459.

Page 519 U. S. 62

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