Legal Opinion

Woodward v. Illinois Cent. R. Co.

U.S. Circuit Court for the Northern District of Illnois

Decided May 15, 1864Published

Action against the defendant as a common carrier, to recover the value of one hundred bales of cotton burned on the cars in transit. The statement of the case will be found in [Case No. 18,006.]

1Opinion of the CourtDrummond, District Judge

(charging jury). Under the uncontroverted facts of the case, the true construction of the bill of lading is that it was a contract for the shipment of the cotton from Memphis to Baltimore, and that the rights of the parties are to be controlled by it. There is no evidence of any other or different contract at Cairo concerning the transit of the property.

By the terms of this contract, therefore, the defendant was not to be held responsible in the case of a loss by an accidental fire, if the defendant used due care in transporting the cotton. When the defendant has shown that the cotton has…

2Cases cited34 opinions

  1. Quimby v. . VanderbiltNew York Court of Appeals · 1858
  2. Illinois Central Railroad v. CopelandIllinois Supreme Court · 1860
  3. Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
  4. Illinois Central Railroad v. FrankenbergIllinois Supreme Court · 1870
  5. Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868

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