Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—-heard in that court on appeal from the Superior Court of Cook county; the Hon. Arthur Chetlain, Judge, presiding. . This was a suit by appellant, against appellee, .to recover the value of appellant’s trunk and its contents, lost while in the possession of appellee as a common carrier, between Cincinnati, Ohio, and New York City.
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Appeal from the Appellate Court for the First District;—-heard in that court on appeal from the Superior Court of Cook county; the Hon. Arthur Chetlain, Judge, presiding. . This was a suit by appellant, against appellee, .to recover the value of appellant’s trunk and its contents, lost while in the possession of appellee as a common carrier, between Cincinnati, Ohio, and New York City. On May 30, 1889, the. plaintiff bought a ticket at Cincinnati for passage by the so-called “limited express train” over defendant’s road, to New York City. The limited express was a fast train, arriving in New…
1Opinion of the CourtChief Justice Magruder
Appellee’s contention is, that the flood, by reason of which appellant’s baggage was lost, was an act of God; and that it is not liable for such loss under the well established rule, that “a common carrier, liable as an insurer for the property intrusted to him for the purpose of transportation, is, nevertheless, excused from responsibility for losses which are caused by an act of God.” (1 Am. & Eng. Ency. of Law,—2d ed.—p. 592).
It is appellant’s contention, that the railroad company should, by placing a white tag on his trunk at Cincinnati, or by some other means, have provided that it…
2Cases cited12 opinions
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- McGraw v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Cronin v. LindbergIllinois Supreme Court · 1976
- Curtis v. Fruin-Colnon Contracting Co.Supreme Court of Missouri · 1952
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Evans v. BrownAppellate Court of Illinois · 2010
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