Chicago & Alton Railroad v. Erickson

Citations

• 91 Ill. 613

Syllabus

<p>1. Common carrier—liable for delay in taking cattle for transportation. A railroad company as a common carrier is bound to receive and transport cattle when they are first offered for shipment, unless it has a reasonable excuse for its refusal, and when its refusal to take and ship cattle when first offered is without such excuse, it will be liable in damages to the owner for the deterioration in the value of the cattle between the time when they were first offered for shipment and the time when they were received and shipped.</p> <p>2. Same—excuse for not taking and shipping cattle. An unconstitutional law, prohibiting railway companies from carrying Texas or Cherokee cattle into or through the State, being void, will afford no excuse for a refusal or delay in receiving and shipping such cattle when offered. Such a statute can neither be regarded as imposing obligations nor as affording protection.</p> <p>3. Texas and Cherokee cattie—act relating to, unconstitutional. The act of the legislature in relation to Texas and Cherokee cattle, (Rev. Stat. 1874, p. 141,) is void, as being repugnant to that clause of section 8, article 1 of the Constitution of the United States, which provides that “ Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.”</p>