21-2-8. Damages for carrier's failure to accept freight, messages or passengers.
The detriment caused by breach of a carrier's obligation by failure to accept freight, messages, or passengers, is deemed to be the difference between the amount he had a right to charge for the carriage and the amount it would be necessary to pay for the same service when it ought to be performed.
Source: CivC 1877, §1962; CL 1887, §4595; RCivC 1903, §2307; RC 1919, §1979; SDC 1939 & Supp 1960, §37.1808 (1).