New York Supreme Court January 23, 1854 (Wibert v. New York & Erie Rail Road)

By the Court,

Marvin, P. J.

Assuming that the defendant failed to transport the butter to New York within a reasonable time, and that it was, in this respect, guilty of negligence, what is the measure of damages 1 Can the plaintiffs recover, as damages, the difference between the price of the butter at the time it should have been delivered in New York, and its price at the time it was delivered ?