
    THE SUPREME COURT OF GEORGIA,,
    Decisions Rendered November 11, 1885.
    
    REPORTED BY J. H. LUMPKIN, REPORTER.
    Columbus & Western Railway vs. Flournoy & Epping.
    Assumpsit from Muscogee. Damages. Common Carriers. Railroads. Profits. Evidence. (Before Judge Willis.)
   Jackson, C J.

1. The measure of damages against a carrier, when he fails to deliver goods in a reasonable time, in the absence of a special contract, is the difference in the market value of those goods when actually delivered from their value if delivered in a reasonable time. When there is no special contract sued on or proved, it was error to admit evidence to show that the consignees had bargained off the «cotton shipped at three^eights of a cent per pound over the market price, if they could have received it within a reasonable time, though the carrier knew nothing about that bargain, was not informed of it and not in, privity wilh it at all.

Peabody & Brannon ; Smith & Russell, for plaintiff in error.

Hatcher & Peabody, for defendants.

2. Whether goods shipped are delivered by the carrier within a reasonable time, is a question of fact for the jury, and depends on the facts of each case, including the time ordinarily required for carriage between the two poinfs, the preparations made by the carrier, whether ample or not, the effort at dispatch, the information given to the shipper of peculiar reasons for speedy transit and delivery, the character of the freight, and kindred circumstances.

(a ) Questions not decided by the Court below can not be reviewed here.

Judgment reversed.  