Legal Opinion

Porter v. Chicago & Rock Island Railroad

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 13 opinions

This was a suit commenced in the Peoria Circuit Court, by appellant against appellee, upon certain bills of lading or railroad receipts for wheat and corn, shipped by plaintiff from Peoria oyer the defendant’s road, to Munn, Gill & Co., of Chicago. The case was tried, March term, 1858, before E. N. Powell, Judge, without a jury.

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This was a suit commenced in the Peoria Circuit Court, by appellant against appellee, upon certain bills of lading or railroad receipts for wheat and corn, shipped by plaintiff from Peoria oyer the defendant’s road, to Munn, Gill & Co., of Chicago. The case was tried, March term, 1858, before E. N. Powell, Judge, without a jury. The evidence showed that the plaintiff, by Updike & Co., sent over the defendant’s railroad, on the eleventh and ninth days of August, 1856, five car loads of wheat and four car loads of corn, each car containing one hundred and sixty sacks, each sack holding two and…

1Opinion of the CourtWalker, J.

The questions presented by the record in this case involve the determination of the extent of the liability of carriers by railway. And upon an examination of the reported cases, it will be found that there is some conflict as to what acts, after the arrival of the goods at their destination, will discharge them from their liability as carriers. It has been said, and we think with reason, “ that the cases have settled the question that carriers by railway are neither bound to deliver to the consignee personally, or to give notice of the arrival of the goods, to discharge the liability of…

2Cited by13 opinions

  1. Illinois Central Railroad v. Cobb, Christy & Co.Illinois Supreme Court · 1872
  2. Illinois Central Railroad v. FrankenbergIllinois Supreme Court · 1870
  3. Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
  4. Bloyd v. PollockWest Virginia Supreme Court · 1885
  5. People ex rel. Hempstead v. Chicago & Alton RailroadIllinois Supreme Court · 1870

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