Legal Opinion
Wabash, Saint Louis & Pacific Railway Co. v. McCasland
Appellate Court of Illinois
Decided October 24, 1882PublishedCited by 4 opinions
Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding.
1Opinion of the CourtMcCulloch, J.
This was a suit for damages resulting from unreasonable delay in carrying a lot of cattle from Berlin, in l Sangamon county, to Chicago. Having received the cattle as a carrier, the law imposed the duty upon appellant to carry them to their destination within a reasonable time, and for a failure through gross negligence to do so, an action on the case will lie whether the cattle were shipped under a special contract or not, for the carrier can not contract against his own gross negligence. Arnold v. I. C. R. R. Co. 83 Ill. 273; I. C. R. R. Co. v. Phelps, 4 Bradwell, 238; same case, 94 Ill.…
2Cases cited5 opinions
- Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
- Phelps v. Illinois Central RailroadIllinois Supreme Court · 1880
- Arnold v. Illinois Central RailroadIllinois Supreme Court · 1876
- Pittsburgh, Ft. Wayne & Chicago R. R. v. HazenIllinois Supreme Court · 1876
- City of Champaign v. McMurrayIllinois Supreme Court · 1875
3Cited by4 opinions
- Frank Coles & Co. v. Louisville, Evansville & St. Louis RailroadAppellate Court of Illinois · 1892
- St. Louis S. F. R. Co. v. PeerySupreme Court of Oklahoma · 1914
- Shoot v. Cleveland, Cincinnati, Chicago & St. Louis RailroadAppellate Court of Illinois · 1908
- Murphy v. Illinois Central RailroadAppellate Court of Illinois · 1925