Chicago & Eastern Illinois Railroad v. Collins Produce Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The case is stated in the opinion. It is fundamental that the carrier is relieved from the duty to carry when prevented by an act of God.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The case is stated in the opinion. It is fundamental that the carrier is relieved from the duty to carry when prevented by an act of God. Railroad Co. v. Reeves, 10 Wall. 176. It is admitted that the Governor of Ohio had proclaimed martial law and that military authority had superseded civil in Dayton and Montgomery County, and the uncon-tradicted evidence is that militia took possession of railroads and all property in transit; placed cards on all cars, directed movement and disposition thereof; ousted the officers and agents of…
1Opinion of the CourtJustice Clarke
On March 21, 1913, the plaintiff in error, the initial carrier, accepted a carload of live poultry from the de fendant in error, the shipper, for transportation from Cypress, Illinois, td Newark, New Jersey, and issued the customary' bill of lading, containing the provision that the carrier should not be liable for any loss or damage to the property “caused by the act of God' ... or the authority of law.”
In the progress of .transportation the car arrived at Dayton, Ohio, on the morning of March.25th, and was there delayed by a flood caused by rains so unprecedented that on that date martial…
2Cases cited7 opinions
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