Illinois Central Railroad v. Phelps

This was an action on the case, commenced on the ninth day of February, 1870, by appellee against appellant as a common carrier of goods from Bloomington and Heyworth to Cairo, for refusing to receive and carry corn tendered by appellee to appellant in February, Harch and April, 1865. The original declaration contained six counts. ,Tlie first two counts aver the tender of corn at Bloomington to be carried to Cairo, and that it was the duty of defendant, as a common carrier, to receive and safely carry the same. The breaches assigned are that defendant did not, nor would it, receive and carry…