American Merchants' Union Express Co. v. Schier

Citations

• 55 Ill. 140

Syllabus

<p>1. Express companies—duty and liability as to route selected. An express company receiving a package for transportation, billed and transported the same, by railroad, the usual mode of transit from the place of shipment, to a point from which it found its way, by the usual route from the latter place, to a station a few miles from the place of destination, which was off the line of any railroad, and was there placed in a warehouse of the company. The warehouse, together with the package, was, a few weeks after-wards, destroyed by fire. It appeared the place to which the package was thus billed was not the usual nor the proper place to which to bill packages designed for the place of destination, and by reason of being sent by an improper route, the package reached the place where it was destroyed, which was not the usual place at which to receive packages for the point to which the package in question was shipped. No notice was given to the consignee of the arrival of the package at that place: Held, in an action by the consignee against the company, on the objection by the latter that the plaintiff failed to apply for and receive the package at the place where it was lost, within a reasonable time, the company were liable for non-delivery of the package, having billed it to an unusual and improper place, by reason of which it was carried to the place where it was lost, and they were, therefore, first in fault; aud further, had neglected to give the consignee notice that the package was at that place.</p> <p>2. It is the undertaking of an express company receiving a package for transportation, in the absence of a special contract, to transport the same to the place of destination by the most usual, the safest, the most direct and expeditious route, and there deliver it to the consignee.</p> <p>3. Same—duty to transport to the place of destination. An express company received a package for transportation, the destination of which was a place a few miles off from a