Chicago & Rock Island Rail Road v. Warren
Illinois Supreme Court
This was an action of assumpsit, brought by appellee against the appellant, to recover the value of a quantity of rags, sent from Joliet to Chicago, which were not delivered at Chicago. Plea, the general issue.
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This was an action of assumpsit, brought by appellee against the appellant, to recover the value of a quantity of rags, sent from Joliet to Chicago, which were not delivered at Chicago. Plea, the general issue. The record presents the following state of facts : That the plaintiffs below, (who are the appellees in this court,) by their agent, delivered to the defendants, at Joliet, in the State of Illinois, a quantity of rags, weighing seventeen hundred and sixteen pounds, for carriage by the defendants upon their road, from Joliet aforesaid to Chicago, and delivery to the plaintiffs at…
1Opinion of the CourtScates, C. J.
The evidence very clearly shows the delivery, by defendants, of 1,716 lbs. of rags, put up securely in bags, at Joliet, to the plaintiffs, to be carried as common carriers by them, and delivered at Chicago.
On demand of the rags at Chicago, plaintiffs offer some 500 lbs. of rags, lying loosely about outside their depot, which were refused, and this suit is brought to recover the value of the whole lot.
I can see no grounds for the defense, neither in the facts nor the principles of the law regulating their liability as common carriers. They show that the bags were old and tender of thread, that…
2Cited by6 opinions
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Faulkner v. . HartNew York Court of Appeals · 1880
- Bloyd v. PollockWest Virginia Supreme Court · 1885
- L. & N. R. R. v. GayCourt of Appeals of Kentucky · 1911
- Hirsch v. Steamboat Quaker CityOhio Superior Court, Cincinnati · 1858
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