Illinois Central Railroad v. J. L. Smyser & Co.
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of assumpsit brought in the court below by Jacob L. Smyser, T. J. Tapp and Joseph Chamberlin, partners, doing business under the name and style of J. L. Smyser & Co., against the Illinois Central Railroad Company, to recover damages for an injury to twenty-nine bales of cotton at Cairo, alleged to have been in the possession of the railroad company, on the 24th of October, 1862. The first, second and third counts…
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Appeal from the Superior Court of Chicago. This was an action of assumpsit brought in the court below by Jacob L. Smyser, T. J. Tapp and Joseph Chamberlin, partners, doing business under the name and style of J. L. Smyser & Co., against the Illinois Central Railroad Company, to recover damages for an injury to twenty-nine bales of cotton at Cairo, alleged to have been in the possession of the railroad company, on the 24th of October, 1862. The first, second and third counts in the declaration allege the receipt of the cotton by the defendant as a common carrier; the fourth and last count…
1Opinion of the CourtChief Justice Walker
It is insisted in favor of a reversal in this case, that the cotton, at the time of its destruction, was not in the possession of the railroad company, either as a common carrier or for safe-keeping; and that the court below erred in rejecting the evidence of the usage of the company in their business at Cairo. It appears, that according to the mode in which this company does business at Cairo, when warehousemen have cotton to ship by rail, they apply to the company for the requisite number of cars, and they are sent on the side track of the company to the warehouse, and tlie shipper there…
2Cases cited2 opinions
- Western Transportation Co. v. NewhallIllinois Supreme Court · 1860
- Illinois Central Railroad v. MorrisonIllinois Supreme Court · 1857
3Cited by16 opinions
- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
- Pratt v. Railway Co.Supreme Court of the United States · 1877
- Railway Co. v. MurphySupreme Court of Arkansas · 1895
- Pittsburg, C., C. & St. L. Ry. Co. v. American Tobacco Co.Court of Appeals of Kentucky · 1907
- Standard Combed Thread Co. v. Pennsylvania RailroadSupreme Court of New Jersey · 1915
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