Illinois Central Railroad v. Morrison
Illinois Supreme Court
APPEAL EROM COLES. This was an action on the case, brought by the appellees against the appellant, as common carriers, in the court below, for damage done to cattle of appellees, by delay in the transit while being carried from Urbana to Chicago, by appellant. The declaration'also contained a count in trover. The defendant pleaded- not- guilty, and gave notice of special matters to be relied on for the 'defense, and the case was submitted to a jury.
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APPEAL EROM COLES. This was an action on the case, brought by the appellees against the appellant, as common carriers, in the court below, for damage done to cattle of appellees, by delay in the transit while being carried from Urbana to Chicago, by appellant. The declaration'also contained a count in trover. The defendant pleaded- not- guilty, and gave notice of special matters to be relied on for the 'defense, and the case was submitted to a jury. The evidence showed that shortly prior to November 10,1856, the plaintiff, Morrison, made a special contract with the defendant to furnish cars…
1Opinion of the CourtBreese, J.
The question presented in this case is one of importance to the business public, and to the railroad interests, and has received due attention from the court.
That railroad companies are common carriers cannot be disputed, and, being so, they are bound and controlled, as a general principle, by all the common law rules applicable to such a position — they becoming, in fact, insurers.
Until the establishment and use of railroads for the conveyance of property, it was not generally considered that common carriers could, by special contract, limit their liability, or take themselves out of the…
2Cited by20 opinions
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
- Illinois Central Railroad v. FrankenbergIllinois Supreme Court · 1870
- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
- Field v. Chicago & Rock Island RailroadIllinois Supreme Court · 1874
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