Elgin, Joliet & E. Ry. Co. v. Bates Machine Co.
Appellate Court of Illinois
Action to recover the value of freight ruined in transportation. Appeal from the Circuit Court of Will County; the Hon. John Small, Judge, presiding. Heard in this court at the October term, 1901.
1Opinion of the CourtJustice Beown
This was a suit by appellee against appellant to recover the value of a fly-wheel shipped on appellant’s road from Joliet, Blinois, and consigned to Louisville, Kentucky. The wheel was ruined in transit.
A jury was waived. There was a finding and judgment for plaintiff for $1,200. The appellant interposes two defenses. The first is that by the terms of the contract of shipment its liability ivas limited to the time the fly-wheel was on appellant’s own line of road; the second is that the wheel was broken by reason of the negligent and unskillful manner in which it is alleged to have been…
2Cases cited2 opinions
- Chicago & Northwestern Railway Co. v. SimonIllinois Supreme Court · 1896
- Toledo, Peoria & Warsaw Railway Co. v. MerrimanIllinois Supreme Court · 1869
3Cited by3 opinions
- Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
- Atlantic Coast Line R. R. v. RiceSupreme Court of Alabama · 1910
- Gehrke v. American Railway Express Co.North Dakota Supreme Court · 1931