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Security Stove & Mfg. Co. v. American Railway Express Co.

Missouri Court of Appeals, Kansas City

51 S.W.2d 572 (1932)

Relevant factsFree

Security Stove (plaintiff) told carrier American Railway Express (defendant) that its unique furnace needed to reach an Atlantic City trade convention by October 8 for an October 11 start, and American agreed to that timeline but then lost one of the 21 shipped boxes containing irreplaceable equipment, promising but failing to deliver it before the convention ended, leaving Security unable to exhibit its furnace at all; Security sued for its convention-related expenses incurred in reliance on American's shipping promise, and the trial court awarded damages.

IssueFree

Whether a carrier with notice of peculiar circumstances surrounding a shipment that will cause unusual loss to the shipper upon delivery delay is responsible for the shipper's actual damages from that delay.

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