American Merchants' Union Express Co. v. Wolf

Citations

• 79 Ill. 430

Syllabus

<p>1. Expbbss companies—their duties as common carriers. An express company is not only required, as a common carrier, to transpoit the goods to the place of destination, but the further duty is enjoined upon them to deliver the goods to the consignee at his residence or place of business.</p> <p>2. And where directions are given to that effect by the consignor, it becomes the further duty of an express companj' to collect the price for which the goods were sold by the consignor to the consignee, and return the money to the consignor.</p> <p>3. Where goods transported by an express company are by it tendered to the consignee, and he fails to receive and pay for them, it is the duty of such express company to notify the consignor of the goods, and when this is done, the company is relieved of its responsibility as a common carrier, and holds the goods subject to the order of the consignor, but not before.</p> <p>4. Same—how may be discharged of responsibility as common carriers. An express company can discharge itself of responsibility as a common carrier in no other way than by an actual delivery of the goods to the proper person, at his residence or place of business, except by proving that it lias been excused from doing so, or prevented by the act of God or the public enemj'.</p> <p>5. Evidence—O. O. JD. The fact that goods transported by an express company were marked O. O. D. would not, of itself, unexplained, be sufficient evidence of an agreement that the company was to collect the price for which the goods were sold, but when, in addition to such fact, the plaintiff testified that the goods were to be shipped, and the amount marked on them collected, it ought to be sufficient, especially upon a point upon which there was no controversy before the jury.</p>