Anchor Line v. Dater

Citations

• 68 Ill. 369

Syllabus

<p>1. Common cabbies—limitation of liability by contract. If a shipper takes a receipt for his goods from a common carrier, which contains conditions limiting the liability of the carrier, with a full understanding of such conditions, and intending to assent to them, it becomes his contract as fully as if he had signed it, and he will be bound by the conditions.</p> <p>2. Same—whether shipper assents to conditions is a question of fact. It does not necessarily follow, because the carrier delivers to the shipper a receipt for goods to be carried, containing limitations of his liability, that the shipper assents to such limitations, as he has no alternative hut, to accept such a receipt as the carrier may give. Whether the shipper has assented to such conditions, is a question of fact for the jury.</p> <p>3. SAME-*-p<irfy liable as defendant. Where goods are shipped with a certain company for transportation, and the goods pass through other companies merely as agents of the first, and are lost, suit should be brought against the first company alone, and it is error to take judgment against all the companies.</p>