Michigan Southern & Northern Indiana Railroad v. Meyres
Illinois Supreme Court
This was a suit in assumpsit, by Meyres against the company. The declaration alleged defendant to be a common carrier from Cleveland via Toledo to Chicago ; that on the fourth day of May, 1855, at Cleveland, plaintiff delivered to defendant certain goods and chattels, containing the baggage of the plaintiff, to wit: one trunk and one package, marked John Meyres, Chicago, .Illinois, of the value of $419.59, to be delivered to him at Chicago; the defendant so negligently…
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This was a suit in assumpsit, by Meyres against the company. The declaration alleged defendant to be a common carrier from Cleveland via Toledo to Chicago ; that on the fourth day of May, 1855, at Cleveland, plaintiff delivered to defendant certain goods and chattels, containing the baggage of the plaintiff, to wit: one trunk and one package, marked John Meyres, Chicago, .Illinois, of the value of $419.59, to be delivered to him at Chicago; the defendant so negligently carried the same, that .they were lost. The count was a count in trover for the same ,goods. The plea of general issue was…
1Opinion of the CourtWalker, J.
The evidence in this case shows that Daily was the baggage-master and agent of the Cleveland and Pittsburgh Railroad Company. That as such he received the baggage in question from the appellee, and checked it for Chicago. It fails to appear that this baggage ever came into the possession of appellants. Nor does the evidence show that Daily was their agent, or was in any manner acting for them. The road of which Daily was the agent, did not even connect with the road of appellants, and for aught appearing, the baggage may never have reached their road, but may have been lost on the Cleveland…
2Cited by4 opinions
- Bayard v. McGrawAppellate Court of Illinois · 1878
- Chicago, Rock Island & Pacific R. R. v. ClaytonIllinois Supreme Court · 1875
- Hosking v. Southern Pacific Co.Appellate Court of Illinois · 1909
- Boyer v. Chicago & Erie RailroadAppellate Court of Illinois · 1913