Legal Opinion

Anchor Line v. Dater

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 9 opinions

Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action on the case, brought by Philip W. Later, Edward P. Whaling, and William J. Whaling, partners, for the use of The Union National Bank of Chicago, against the Anchor Line, The Erie and Western Transportation Company, The Philadelphia and Erie Railroad, The Erie and Pittsburg Railroad, J. C. Evans and E. T. Evans.

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Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action on the case, brought by Philip W. Later, Edward P. Whaling, and William J. Whaling, partners, for the use of The Union National Bank of Chicago, against the Anchor Line, The Erie and Western Transportation Company, The Philadelphia and Erie Railroad, The Erie and Pittsburg Railroad, J. C. Evans and E. T. Evans. Judgment was rendered in favor of the plaintiffs for $1400 against all the defendants, and they appealed.

1Opinion of the CourtChief Justice Beeese

This was an action on the case, against appellants as a common carrier, for failing to carry and deliver to the consignee two hundred barrels of flour. The general issue was pleaded, and the cause tried by the court without a jury, who found the issue for the plaintiffs, and assessed their damages at fourteen hundred dollars. •

A motion for a new trial was overruled and judgment rendered for the plaintiffs.

To reverse this judgment the defendants appeal.

The flour was destroyed in the warehouse of appellants by the great October fire. It was delivered to appellants’ agent late on Saturday, the…

2Cases cited1 opinion

  1. Adams Express Co. v. HaynesIllinois Supreme Court · 1866

3Cited by9 opinions

  1. State v. HarringtonSupreme Court of Vermont · 1896
  2. Chicago & Northwestern Railway Co. v. SimonIllinois Supreme Court · 1896
  3. Cleveland, C., C. & St. L. Ry. Co. v. DruienCourt of Appeals of Kentucky · 1904
  4. South & North Alabama Railroad v. WoodSupreme Court of Alabama · 1881
  5. Erie & Western Transportation Co. v. DaterIllinois Supreme Court · 1878

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