21-2-8. Damages for carrier's failure to accept freight, messages or passengers.
The detriment caused by breach of a carrier's obligation by failure to accept freight, messages, or passengers, is deemed to be the difference between the amount he had a right to charge for the carriage and the amount it would be necessary to pay for the same service when it ought to be performed.
Source: CivC 1877, §1962; CL 1887, §4595; RCivC 1903, §2307; RC 1919, §1979; SDC 1939 & Supp 1960, §37.1808 (1).
Structure South Dakota Codified Laws
Chapter 02 - Damages For Breach Of Contract
Section 21-2-1 - General measure of damages for breach of contract--Uncertain damages not recovered.
Section 21-2-2 - Damages for breach of obligation to pay money.
Section 21-2-3 - Damages for breach of agreement to convey real property.
Section 21-2-4 - Damages for breach of agreement to purchase real property.
Section 21-2-5 - Damages for breach of covenant in grant of real property.
Section 21-2-6 - Damages for breach of covenant against encumbrances.
Section 21-2-7 - Damages for breach of warranty of agent's authority.
Section 21-2-8 - Damages for carrier's failure to accept freight, messages or passengers.
Section 21-2-9 - Damages for carrier's failure to deliver freight.
Section 21-2-10 - Damages for carrier's delay in delivery of freight.