Brown v. Louisville & Nashville Railroad
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair County; the Hon. Geo. W. Wall, Judge, presiding. Appellants brought three suits against appellee to recover the value of four cases of quilts bought by appellants in New York, five bales oil sheeting bought in Evansville, Indiana, and twelve bales of domestics bought in Columbus, Georgia.
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Appeal from the Circuit Court of St. Clair County; the Hon. Geo. W. Wall, Judge, presiding. Appellants brought three suits against appellee to recover the value of four cases of quilts bought by appellants in New York, five bales oil sheeting bought in Evansville, Indiana, and twelve bales of domestics bought in Columbus, Georgia. These goods were shipped from the several places by the several vendors as consignors and were consigned to appellants at St. Louis, Missouri, and a through bill of lading was delivered to each of the several shippers at the time the goods were received for…
1Opinion of the CourtGreen, J.
In the printed argument for appellants the following reasons are urged for reversal: “ 1. That it has (not been proved that by the common law of Indiana and Georgia, the consignor is presumed to have authority to bind the consignee by accepting a bill of lading restricting the carrier’s common law liability in the absence of evidence to that effect.” “2. The terms of the New York and Georgia bills of lading are not broad enough to cover a loss by fire while awaiting transshipment at a depot.” “ 3. The bills of lading provide for accidental delay, while the delay at East St. Louis was…
2Cases cited2 opinions
- Merchants' Despatch Transportation Co. v. JœstingIllinois Supreme Court · 1878
- Illinois Central Railroad v. JonteAppellate Court of Illinois · 1883
3Cited by4 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Cleveland, C., C. & St. L. Ry. Co. v. DruienCourt of Appeals of Kentucky · 1904
- Wabash Railroad v. CurtisAppellate Court of Illinois · 1907
- Plaff v. Pacific Express Co.Appellate Court of Illinois · 1911