Legal Opinion · Concurrence

Bosworth v. Chicago, M. & St. P. Ry. Co.

Court of Appeals for the Seventh Circuit

Decided February 25, 1898No. Nos. 442, 452, 453, and 454Published

Appeals from (lie Circuit Court of the United States for the Southern District of Illinois. These appeals are from decrees against the appellant, O. II.

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Appeals from (lie Circuit Court of the United States for the Southern District of Illinois. These appeals are from decrees against the appellant, O. II. Bosworth, as receiver of the Chicago, Peoria & St. Louis Railway Company, in favor of iuterví-iiíts in the case of the Mercantile Trust Company against the Chicago, Peoria & A. Louis Railway Company, wherein the receiver was appointed, for damages (•alisal by the burning of freight ears and Ilieir contents, of which the appellant is alleged to have had possession as a common carrier, on the evening of October 28, 3894, at East St. Louis. By…

1ConcurrenceJenkins, Circuit Judge

I concur that the appellant should lie held liable for the destruction of the property contained in car numbered 1,004, and this because he had not divested himself of his liability as insurer by delivery of the car and its contents to the next succeeding carrier. The owner or shipper of goods to be carried over connecting lines of railway is entitled to the protection afforded by the common-law liability of a carrier until the goods have arrived at their destination, and a reasonable time has elapsed after their arrival to accept delivery of them; and, with respect to connecting lines, each…

2Cases cited16 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
  2. Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
  3. Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
  4. California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
  5. Bates v. PrebleSupreme Court of the United States · 1894

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