Legal Opinion

McCabe v. Atchison, Topeka & Santa Fe Railway Co.

Appellate Court of Illinois

Decided March 11, 1910No. Gen. No. 5186PublishedCited by 2 opinions

Assumpsit. Appeal from the County Court of Knox county; the Hon. R. C. Rice, Judge, presiding. Heard in this court at the April term, 1909.

1Opinion of the CourtJustice Willis

This was an action in assumpsit to recover for the loss of a carload of steel rails shipped by appellee from Galesburg, Illinois, over the line of appellant, the Atchison, Topeka & Santa Fe Railway, in July, 1903, to the Commonwealth Steel Company, at Granite City, Illinois. The declaration contained a special and the common counts. The special count alleged that appellee delivered 30,300 pounds of old steel rails of the value of $300 on July 30, 1904 (afterwards amended to read 1903), to appellant to be carried and delivered to the Commonwealth Steel Company at Granite City; the failure to…

2Cases cited2 opinions

  1. Illinois Central Railroad v. CarterIllinois Supreme Court · 1897
  2. Gratiot Street Warehouse Co. v. St. Louis, Alton & Terre Haute RailroadIllinois Supreme Court · 1906

3Cited by2 opinions

  1. Deatwyler v. Oregon Railroad & Navigation Co.Appellate Court of Illinois · 1913
  2. Wichita Falls & N. W. Ry. Co. v. D. Cawley Co.Supreme Court of Oklahoma · 1918

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