Black v. Wabash, St. Louis & Pacific Railway Co.

Citations

• 111 Ill. 351

Syllabus

<p>1. Cabbies — reasonableness of special contract limiting liability. Aj stipulation in a shipping contract, voluntarily and understandingly entered1! into by a shipper of live stock for transportation, that in consideration of aj reduced rate no claim for damages accruing to the shipper shall be allowed! or paid by the carrier, or sued for in any court, unless a claim for such loss» or damage shall be made in writing, verified by the affidavit of the shipper or I his agent, and delivered to the general freight agent of the carrier, at his office, 3 within five days from the time such stock is removed from the cars, will bet binding upon the shipper, and is not void as being contrary to any law or to \\ public policy.</p> <p>2. Contbact — executed in ignorance of its terms — -when it is binding. Where a party of mature years and sound mind, being able to read and write, without any imposition or artifice to throw him off his guard, deliberately signs a written agreement without informing himself of the nature of its contents, he will nevertheless be bound by it, for the reason the law will not permit him to allege, as a matter of defence, his ignorance of that which it was his duty to know, particularly when the means of information are within his immediate reach, and he neglects to avail himself of them.</p> <p>3. In an action by the shipper of stock against a railway company to recover damages for negligence and delay in transportation, and a special written or printed contract is set up to defeat the action for a non-compliance with its terms and conditions, the shipper will have the right to show the circumstances under which he executed the same, when he claims he was purposely misled by the defendant’s agent and induced to sign the same without having time to examine the contents, under the fraudulent assurance that it was only a pass.</p> <p>4. Evidence — latitude on cross-examination. In a suit against a railway company as a carrier, to recover damages for