Indianapolis & St. Louis Railroad v. Herndon & Vanduzen
Illinois Supreme Court
Appeal from the Circuit Court of Edgar county; the Hon. Oliver L. Davis, Judge, presiding. Herndon & Vanduzen brought trover against the Indianapolis and St. Louis Eailroad Company, in the county court of Edgar county, for the value of certain fruit trees.
Read the full summary
Appeal from the Circuit Court of Edgar county; the Hon. Oliver L. Davis, Judge, presiding. Herndon & Vanduzen brought trover against the Indianapolis and St. Louis Eailroad Company, in the county court of Edgar county, for the value of certain fruit trees. Judgment was rendered in that court for the plaintiff in the action, for §174.55. The cause was appealed to the circuit court of Edgar county, where judgment was again rendered for the plaintiff for the same amount, from which this appeal is prosecuted. The facts, as proved, are, briefly, as follows: On the 17th of October, 1872, Herndon &…
1Opinion of the CourtJustice Scholfield
It was held in Illinois Central Railroad Co. v. Parks, 54 Ill. 294, that an action of trover lies against a carrier who, by mistake, delivers goods to a wrong person, and the same rule applies to warehousemen. “Warehousemen,” says Story, in his work on Bailments, § 450, “ are not only responsible for losses which arise by their negligence, but also for losses occasioned by the innocent mistake of themselves, and of their servants, in making a delivery of the goods to a person not entitled to them. For it is apart of their duty to retain goods until they are demanded by the true owner; and if,…
2Cases cited2 opinions
- Merchants' Dispatch Transportation Co. v. HallockIllinois Supreme Court · 1872
- Illinois Central Railroad v. ParksIllinois Supreme Court · 1870
3Cited by13 opinions
- Knapp, Stout & Co. v. McCaffreySupreme Court of the United States · 1900
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Gibbons v. FarwellMichigan Supreme Court · 1886
- Dudley v. Chicago, Milwaukee & St. Paul Ry. Co.West Virginia Supreme Court · 1906
- Lehigh Valley Transportation Co. v. Post Sugar Co.Illinois Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.