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CHICAGO & ALTON R.R. CO. v. KIRBY

No. 226.

225 U.S. 155 (1912)

32 S.Ct. 648

56 L.Ed. 1033

CHICAGO & ALTON RAILROAD COMPANY v. KIRBY.

Supreme Court of United States.

Decided May 27, 1912.

Attorney(s) appearing for the Case

Mr. Garrard B. Winston and Mr. William Patton, with whom Mr. Silas H. Strawn was on the brief, for plaintiff in error.

Mr. Albert Salzenstein, with whom Mr. James M. Graham was on the brief, for defendant in error.

MR. JUSTICE LURTON delivered the opinion of the court.

Action in assumpsit to recover damages for the breach of a special contract for the shipment of a carload of highgrade horses from Springfield, Illinois, to New York city. There was a jury, verdict and judgment, which was affirmed by the Supreme Court of Illinois. The facts essential to be here stated are these: Kirby was engaged in developing high-grade horses, and desired...

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