Cahn v. Michigan Central Railroad

Citations

• 71 Ill. 96

Syllabus

<p>1. Carriers—when liability ceases. It is the duty of a carrier by railroad, when the goods are convei-ed to its depot, to unload and place them in a convenient place for delivery, and, if the consignee is then ready to receive them, to deliver them to him, but if he is not, the carrier must then safely store them under the charge of competent and careful servants, ready to be delivered when called for by those entitled to receive them. When this is done, the carrier’s duty is discharged, and his liability ceases.</p> <p>2. Same—custom, as affecting place of delivery. The prima facie obligation of a carrier with respect to delivery may be affected by a well established and generally well known custom and usage; but to have that effect, it must be so uniformly acquiesced in, by length of time, that the jury will feel themselves constrained to say that it entered into the minds of the parties, and made a part of the contract.</p> <p>3. Where a railway company delivered goods arriving at its depot to a carter, to be delivered by him only when the consignee did not furnish his own teams, or give directions to the contrary, and the company was not interested in the cartage of the goods: Held, that this did not establish a custom to deliver at the consignee’s place of business.</p> <p>4. Same—when railway company must deliver at consignee's place of business. If a railway company, receiving goods for transportation over its road, exacts the payment of cartage in advance of shipping, this will constitute an express contract to deliver at the consignee’s place of business, and its liability will not cease until this is done.</p>