69-11-121. Detriment caused by carrier. (1) The detriment caused by the breach of a carrier's obligation to accept freight, messages, or passengers is deemed to be the difference between the amount which he had a right to charge for the carriage and the amount which it would be necessary to pay for the same service when it ought to be performed.
     (2) The detriment caused by the breach of a carrier's obligation to deliver freight where he has not converted it to his own use is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.
     (3) The detriment caused by a carrier's delay in the delivery of freight is deemed to be the depreciation in the intrinsic value of the freight during the delay and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered and between the day at which it ought to have been delivered and the day of its actual delivery.
     (4) The damages prescribed by this section are exclusive of exemplary damages and interest except where those are expressly mentioned. Notwithstanding the provisions of this section, no person can recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except as provided in 27-1-303.

     History: En. Secs. 4315, 4316, 4317, 4364, 4365, Civ. C. 1895; re-en. Secs. 6063, 6064, 6065, 6085, 6086, Rev. C. 1907; re-en. Secs. 8681, 8682, 8683, 8703, 8704, R.C.M. 1921; Cal. Civ. C. Secs. 3315, 3316, 3317, 3357, 3358; Field. Civ. C. Secs. 1855, 1856, 1857, 1876, 1877; re-en. Secs. 8681, 8682, 8683, 8703, 8704, R.C.M. 1935; R.C.M. 1947, 17-315, 17-316, 17-317, 17-605(part), 17-606(part); amd. Sec. 15, Ch. 43, L. 1979.