Legal Opinion

Illinois Central Railroad v. Frankenberg

Illinois Supreme Court

Decided January 15, 1870PublishedCited by 37 opinions

Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action of assumpsit brought by Ernest G. and A. W. Frankenberg against the Illinois Central Eailroad Company, to recover the value of a shipment of cabbage delivered to the defendants at Bloomington, Illinois, consigned to Columbus, Ohio.

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Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action of assumpsit brought by Ernest G. and A. W. Frankenberg against the Illinois Central Eailroad Company, to recover the value of a shipment of cabbage delivered to the defendants at Bloomington, Illinois, consigned to Columbus, Ohio. The freight was prepaid on the consignment as far as Pana, Illinois, and.a guaranty taken for the payment of the charges through from Pana to Columbus. The defendants carried the goods as far as Pana and delivered them in apt time to the Terre Haute & Alton…

1Opinion of the CourtChief Justice Breese

The question presented by this record, is one of great importance to the public, and to the railroad interests of the country, and has received our most careful consideration.

It is a question on which the courts of this country are not in harmony with themselves, nor with those of England, to whose decisions we are accustomed to refer as evidence of what the common law is, on any subject which has engaged their deliberations.

The question is, as to the extent of the liability of a railroad company as common carriers of goods and property.

While there is no difficulty in defining, in general…

2Cases cited4 opinions

  1. Illinois Central Railroad v. CopelandIllinois Supreme Court · 1860
  2. Western Transportation Co. v. NewhallIllinois Supreme Court · 1860
  3. Illinois Central Railroad v. MorrisonIllinois Supreme Court · 1857
  4. Porter v. Chicago & Rock Island RailroadIllinois Supreme Court · 1858

3Cited by37 opinions

  1. Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
  2. Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
  3. Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
  4. Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
  5. Illinois Central Railroad v. CarterIllinois Supreme Court · 1897

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