Toledo, Peoria & Warsaw Railway Co. v. Merriman
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county ; the Hon. S. D. Puterbaugh, Judge, presiding. This was an action of assumpsit, brought in the court below, by Merriman against the railroad company, to recover the value of a box of goods belonging to the plaintiff, shipped on the company’s road at Peoria, in this State, to be carried to Washington, in the District of Columbia.
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Appeal from the Circuit Court of Peoria county ; the Hon. S. D. Puterbaugh, Judge, presiding. This was an action of assumpsit, brought in the court below, by Merriman against the railroad company, to recover the value of a box of goods belonging to the plaintiff, shipped on the company’s road at Peoria, in this State, to be carried to Washington, in the District of Columbia. On the delivery of the goods to the agent of the company at Peoria, they being marked to the place of destination, a bill of lading was given, which, in its terms, was as follows : TOLEDO, PEORIA AND WARSAW RAILWAY…
1Opinion of the CourtChief Justice Breese
This was an action of assumpsit, brought to the Peoria circuit court by Amos L. Merriman against the Toledo, Peoria & Warsaw Eailway Company, for failing to deliver certain goods and chattels of the plaintiff, to be carried by the defendants to the city of Washington.
The goods delivered to the defendants’ agent at Peoria, were placed in a box marked to the plaintiff at Washington, in the District of Columbia, and for which a receipt, or bill of lading was made out and delivered to the plaintiff’s agent at Peoria. The goods failed to reach their destination.
The defense was, that they were not…
2Cited by7 opinions
- Little Rock v. KatzensteinSupreme Court of Arkansas · 1889
- Cincinnati, N. O. & T. P. Ry. Co. v. FairbanksCourt of Appeals for the Sixth Circuit · 1898
- Elgin, Joliet & E. Ry. Co. v. Bates Machine Co.Appellate Court of Illinois · 1901
- Chicago & North Western Railroad v. ChurchAppellate Court of Illinois · 1882
- Nashville, Chattanooga & St. Louis Railway v. SparkmanCourt of Appeals of Tennessee · 1928
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