Legal Opinion

Illinois Central Railroad v. Byrne

Illinois Supreme Court

Decided October 26, 1903PublishedCited by 6 opinions

Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. George W. Patton, Judge, presiding.

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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. George W. Patton, Judge, presiding. This is a suit in assumpsit, brought by the appellee against the appellant company in the circuit court of McLean county to recover damages for a breach- of contract, alleged to have been made by the appellant company with the appellee to haul a car, loaded with scenery and theatrical property belonging to the appellee, from Decatur to Bloomington. Appellee was the owner and manager of a traveling theatrical troupe, known…

1Opinion of the CourtJustice Magruder

The main contentions of the appellant company in this case are, first, that the contract between appellee and appellant was that the car, containing appellee’s theatrical scenery and apparatus, should be hauled from Decatur to Bloomington by a passenger train, which was to leave Decatur on Monday morning about nine o’clock, and that appellant did not agree to haul the car in any other train or in any other way; and second, that appellant was not obliged to haul the car until it had passed the inspection of its car inspector, and that, by reason of the broken condition of the draw-bar on one…

2Cases cited2 opinions

  1. Chapman v. KirbyIllinois Supreme Court · 1868
  2. Chicago & Alton Railroad v. HarringtonIllinois Supreme Court · 1901

3Cited by6 opinions

  1. Chapman v. . FargoNew York Court of Appeals · 1918
  2. Moore v. SchoenAppellate Court of Illinois · 1942
  3. Anderson v. Pan American Motors Corp.Appellate Court of Illinois · 1924
  4. Adams Express Co. v. AllenSupreme Court of Virginia · 1919
  5. Beifeld v. Chicago & Northwestern Railway Co.Illinois Circuit Court · 1908

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