Grand Tower Manufacturing & Transportation Co. v. Ullman
Illinois Supreme Court
Appeal from the Circuit Court of Jackson county; the Hon. M. C. Crawford, Judge, presiding. This -was an action on the case, by Jacob Ullman against The Grand Tower Manufacturing and Transportation Company, to recover the value of goods delivered by the plaintiff to the defendant, at its depot at Murphysboro, in January, 1873, to be transported to Cairo, in this State, which were destroyed by fire in the defendant’s warehouse or depot before they were shipped.
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Appeal from the Circuit Court of Jackson county; the Hon. M. C. Crawford, Judge, presiding. This -was an action on the case, by Jacob Ullman against The Grand Tower Manufacturing and Transportation Company, to recover the value of goods delivered by the plaintiff to the defendant, at its depot at Murphysboro, in January, 1873, to be transported to Cairo, in this State, which were destroyed by fire in the defendant’s warehouse or depot before they were shipped. The plaintiff recovered, and the defendant appealed.
1Opinion of the CourtJustice Dickey
The declaration in this case contains three counts. The first and second counts are clearly so defective that the facts stated in neither of them are sufficient to warrant a recovery. The court charged the jury, that if plaintiff has proven the averments in any one count in the declaration, they should find for the plaintiff. This was error, and for this error the judgment must be reversed.
It is insisted, that under the proofs the liability, if any, was that of warehouseman, and not that of a common carrier. This position is not tenable. It is true the goods were still in the depot or…
2Cited by12 opinions
- Ricketts v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1890
- Wisconsin Central Railroad v. RossIllinois Supreme Court · 1892
- Furst & Thomas v. SandlinSupreme Court of Alabama · 1922
- Naglee v. A. &. F. RailroadSupreme Court of Virginia · 1887
- Williams v. Southern Railway Co.Supreme Court of North Carolina · 1911
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