Damages for carrier's delay in delivery of freight.

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21-2-10. Damages for carrier's delay in delivery of freight.

The detriment caused by breach of a carrier's obligation by delay in delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of depreciation in its intrinsic value, at the place where it ought to have been delivered and between the day at which it ought to have been delivered and the day of its actual delivery.

Source: CivC 1877, §1964; CL 1887, §4597; RCivC 1903, §2309; RC 1919, §1981; SDC 1939 & Supp 1960, §37.1808 (3).


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