Wabash Railroad Co. v. House
Appellate Court of Illinois
Replevin.—Appeal from the Circuit Court of Cook County; the Hon. Edwarp F. Dunne, Judge, presiding. Heard in this court at the October term, 1901. Appellee is lessee of certain chattels, being theatre scenery, properties, etc., which were leased to him. by one P. Harry Liebler. One Newell was appellee’s manager in his theatrical business. Appellant undertook, as a common carrier, to transport the goods in question from Chicago to Detroit for appellee.
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Replevin.—Appeal from the Circuit Court of Cook County; the Hon. Edwarp F. Dunne, Judge, presiding. Heard in this court at the October term, 1901. Appellee is lessee of certain chattels, being theatre scenery, properties, etc., which were leased to him. by one P. Harry Liebler. One Newell was appellee’s manager in his theatrical business. Appellant undertook, as a common carrier, to transport the goods in question from Chicago to Detroit for appellee. The shipment was to be made on Saturday, January 2,1897. Joseph Abacco sued out a writ of attachment in the court of a justice of the peace…
1Opinion of the CourtJustice Sears
There is but one question which need be considered in disposing of this appeal, viz., as to the right of appellee to maintain this suit of replevin. Whether appellant as a common carrier was justified in holding the goods after service upon it as a garnishee of the attachment writ, whether appellant is chargeable with breach of its contract to convey the goods with reasonable diligence to the point of destination, and whether, if there was such breach of contract, the measure of damages was correctly applied upon the trial of this cause, are all questions which yield to the controlling…
2Cases cited4 opinions
- Clark v. LewisIllinois Supreme Court · 1864
- Ingalls v. BulkleyIllinois Supreme Court · 1851
- Ohio & Mississippi Railway v. NoeIllinois Supreme Court · 1875
- Woodward v. WoodwardIllinois Supreme Court · 1853
3Cited by1 opinion
- News Publishing Co. v. Associated PressAppellate Court of Illinois · 1904