21-2-9. Damages for carrier's failure to deliver freight.
The detriment caused by breach of a carrier's obligation by failure to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.
Source: CivC 1877, §1963; CL 1887, §4596; RCivC 1903, §2308; RC 1919, §1980; SDC 1939 & Supp 1960, §37.1808 (2).