Adams Express Co. v. Stettaners

Citations

• 61 Ill. 184

Syllabus

<p>1. Common carrier—release of liability. Where a common carrier inserts in the shipping receipt a condition that the company will not be liable for loss beyond a specified sum, being less than the value of the goods shipped: Held, that such stipulation does not release the common carrier unless it appears that the shipper knew of, and assented to, the limitation.</p> <p>2. Where the receipt contains such a stipulation, and that the carrier shall only be held liable for gross negligence, and it is assented to by the shipper, still the carrier would be bound for the use of reasonable care. Common carriers can not, by contract, excuse themselves from reasonable care and diligence.</p> <p>3. Same—loss of goods. Where a person sends goods by an express company and they fail to arrive at their destination, that raises against the company the presumption of the want of ordinary care. The company has it within their power to trace the goods and discover where they were lost, whilst it is not so with the shipper, and hence the burden is upon the carrier to show that he has used reasonable care, notwithstanding he may have stipulated he was only to be held liable for gross negligence.</p>