Michigan Southern & Northern Indiana Railroad v. Day
Illinois Supreme Court
This was an action of assumpsit, alleging a contract to carry a box from Adrian to Chicago, the box containing certain goods of the value of $3,000. There was a second count, same as the first, except that it alleges that the appellant undertook to deliver the goods in Chicago in three days from the date of the receipt for the box. There was a third count, averring a promise to deliver the box in a reasonable time. To this declaration the géneral issue was pleaded.
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This was an action of assumpsit, alleging a contract to carry a box from Adrian to Chicago, the box containing certain goods of the value of $3,000. There was a second count, same as the first, except that it alleges that the appellant undertook to deliver the goods in Chicago in three days from the date of the receipt for the box. There was a third count, averring a promise to deliver the box in a reasonable time. To this declaration the géneral issue was pleaded. There was a trial before Manierre, Judge, and a jury, and a verdict and judgment for the appellee, for eight hundred and twenty…
1Opinion of the CourtBreese, J.
This is an action of assumpsit, by Day against the M. S. and N. I. Bailroad Company, as a common carrier, on a contract, as alleged in the first count of the declaration, to carry a box, containing certain goods and merchandize, from Adrian to Chicago. The second count alleges that the defendant undertook to deliver the goods in three days from the date of their receipt, and in the third count, to deliver in a reasonable time, with breaches assigned.
Trial, and verdict and judgment for the plaintiff, and motion for new trial, which being refused, the evidence was preserved by bill of…
2Cited by13 opinions
- Post v. RailroadTennessee Supreme Court · 1899
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Lewis v. Galena & Chicago Union RailroadIllinois Supreme Court · 1866
- L. & N. R. R. Co. v. Central Stock Yards Co.Court of Appeals of Kentucky · 1906
- Central of Georgia Railway Co. v. CouncilSupreme Court of Georgia · 1927
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