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UNITED STATES v. NEW YORK, N. H. & H. R. CO.

No. 189, Docket 22962.

211 F.2d 404 (1954)

UNITED STATES v. NEW YORK, N. H. & H. R. CO.

United States Court of Appeals, Second Circuit.

Decided March 24, 1954.

Attorney(s) appearing for the Case

Geo. Stephen Leonard, Atty., Dept. of Justice, New York City (Warren E. Burger, Asst. Atty. Gen., and Simon S. Cohen, U. S. Atty., Hartford, Conn., on the brief), for plaintiff-appellee.

Thomas J. O'Sullivan, New Haven, Conn., for defendant-appellant.

Before CLARK, MEDINA, and HARLAN, Circuit Judges.

PER CURIAM.

In giving judgment against the defendant carrier for potatoes damaged in shipment from Virginia to Connecticut, Judge Hincks fixed damages based on the market value at destination, citing Weirton Steel Co. v. Isbrandtsen-Moller Co., 2 Cir., 126 F.2d 593. Defendant contends that it is liable for only nominal damages, since the potatoes, purchased as part of the government's program of price support, were being sent as a...

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