Chicago & Alton Railroad v. Scott

Citations

• 42 Ill. 132

Syllabus

<p>1. Cabbiers of goods—whether they should give notice to the owner or consignee, of the arrival of the goods. It lias been held that carriers by railroad are neither hound to deliver the goods carried, to the consignee personally, nor to give notice of their arrival, to discharge their liability as carriers ; and while the better rule would seem to be, that the owner or consignee should he notified of their arrival, at the earliest practicable moment, yet the rule is settled that such notice is not necessary,</p> <p>2. Same — what they may do with the goods on their arrival. When the goods have reached their destination, if the consignee is not present to receive them, the carrier may store them safely in a suitable warehouse, to await the demand of the consignee.</p> <p>3. Same—when the liability of the carrier terminates. When the goods are thus stored, the duty and liability of the railroad as a common carrier terminates, and that of the warehouseman begins.</p> <p>4. Same—when the liability of the carrier becomes changed to that of warehouseman. If the goods are stored in a warehouse owned by the carrier, his liability as carrier changes to that of a warehouseman. The consignee not being present on the arrival of the goods, to take them into his own control, the presumption is, that he has elected to permit them to he stored by the company, to he held as warehousemen, or keepers for hire.</p> <p>5. Wabehouseman — degree of care required of them. When the carrier assumes the new duties of warehouseman, he is hound to ordinary care and diligence in the preservation of the property.</p> <p>6. The building in which the goods are stored must he a safe one; a fireproof building is not required, hut it must he safe. It should he under the charge of careful and competent servants, and in case of threatened danger from fire in the vicinity, ordinary diligence must he used to remove the property to a safe place.</p> <p>7. Same—what constitutes ordinary care and diligenc