Adams Express Co. v. Haynes

Citations

• 42 Ill. 89

Syllabus

<p>1. Contract—carriers—effect of a receipt as a contract. Where an express company, in receiving goods for transportation, as a common, carrier, gives a receipt for the goods containing provisions limiting the common law liability of the company, and the shipper accepts the receipt with a full knowledge of its terms, and intending to assent to the restrictions contained in it, it becomes his contract as fully as if he had signed it.</p> <p>2. Evidence—admissibility thereof, as to whether the shipper gimes sueh assent. But the simple delivery of such a receipt to the shipper is not conclusive upon the latter. Whether he had knowledge of its terms and assented to its restrictions, is for the jury to determine, as a question of fact, upon evidence aliunde, and all the circumstances attending the giving of the receipt are admissible in evidence to enable the jury to decide that fact.</p> <p>3. Witnesses — compesteney—interest—proving the value of lost baggage. The exception to the general rule, which allows parties to the record, or persons interested in the event of the suit, to testify in regard to baggage which has been intrusted to a common carrier and lost by him, is restricted to baggage accompanying a person when traveling, and does not apply to a case of the shipment of goods by an express company.</p>