Chicago & Northwestern Railroad v. Northern Line Packet Co.

Citations

• 70 Ill. 217

Syllabus

<p>1. Hotice—of pendency of suit, when conclusive and to what extent. If one carrier is sued for the loss of goods, and notifies a second carrier, to whom he delivered the same for transportation, of the pendency of the suit, and requires him to defend, the judgment against the first is not conclusive as to the question of the liability of the second. It is only conclusive on such privies as are liable over, and then only as to the fact that the judgment was recovered, and that it was for the value of the goods lost; but the judgment is not so far conclusive of the question of privity, as to fix the liability of the person served with notice.</p> <p>3. Judgment—binding efectos to privies. A person holding a covenant running with the land, when sued for the title or upon his covenant, may give notice to a prior grantor, in the chain of title, to sustain the same, and on his failure to do so, the judgment may be read in evidence, against Mm, to show the recovery, and the amount the last covenantor had to pay; but the remote covenantor may show that the recovery was not a breach of Ms covenant, and his undertaking or liability must be shown otherwise than by the judgment</p> <p>3. Gabbier—liability to first carrier for loss of goods. If a carrier undertakes to transport goods to a given point, and, at the end of its line, delivers the same to a packet company, who agrees to deliver the same at a certain point to a railway company, which it does, and the goods are lost by the fault of the latter company, and the first carrier is compelled to pay for the goods, it can not recover over of the packet company, which has performed its contract, but must look to the railway company to whom they were last delivered.</p> <p>4. Same—when bill of lading is binding as a contract. Where a carrier delivers goods to a forwarder, who is its agent and the agent of the company to whom the same are delivered, and he gives a bill of lading limiting the duty of the latter to deliver the go