Peoria & Pekin Union Railway Co. v. Chicago, Rock Island & Pacific Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Peoria county; the Hon. John Burns, Judge, presiding. This action was brought by the Chicago, Bock Island and Pacific Railway Company, against the Peoria and Pekin Union Railway Company, to recover the value of a freight car destroyed by fire.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Peoria county; the Hon. John Burns, Judge, presiding. This action was brought by the Chicago, Bock Island and Pacific Railway Company, against the Peoria and Pekin Union Railway Company, to recover the value of a freight car destroyed by fire. In the first count of the declaration defendant is charged with having borrowed the car, and with a failure to return, on request; and by the second and third counts defendant is charged as a common carrier,—the delivery of the car, the…
1Opinion of the CourtJustice Scott
The defendant in this case is a railroad corporation existing under the laws of this State. By the constitution of the State (sec. 12, art. 11,) all railways are “declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law. ” It is conceded defendant is a common carrier of freights for hire, and as such is bound to carry safely all freights tendered, with the usual and customary fares, or answer in damages for its miscarriage or refusal. Section 10, article 11, of the constitution,…
2Cases cited1 opinion
- Mallory v. Tioga Rail RoadNew York Supreme Court · 1862
3Cited by17 opinions
- Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1891
- Jacobson v. Wisconsin, Minnesota & Pacifc RailroadSupreme Court of Minnesota · 1898
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1900
- Schumacher v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1904
- Chicago, Burlington & Quincy Railroad v. CurtisNebraska Supreme Court · 1897
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