Phelps v. Illinois Central Railroad

This was an action on the case, commenced on the 9th day of February, 1870, by Charles A. Phelps, against the Illinois Central Eailroad Company, as a common carrier of goods from Bloomington and Heyworth, in this State, to Cairo, for refusing to receive and carry corn tendered for carriage by plaintiff to defendant, in February, March and April, 1865.

The first count in the original declaration averred 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 breach assigned is that defendant…