American Express Co. v. Spellman

Citations

• 90 Ill. 455

Syllabus

<p>1. Carrier—limiting liability by receipt given. Where no receipt is given at the time a package is delivered to an express company for transportation, the company can not limit its liability by a receipt afterwards given, when the proof negatives all presumption of any knowledge on the part of the shipper that the receipt contained a clause limiting the carrier’s liability, or that the carrier claimed any such limitation.</p> <p>2. Evidence—inspection by jury of similar article used in shipping. In a suit against a common carrier for t.he loss of a can of yeast, shipped to be used for distilling, by breaking or puncturing the can, through careless handling so as to let the yeast escape, there is no error in allowing in evidence a can similar to that in which the yeast was shipped, for the examination of the jury.</p>