Chicago & Northwestern Railway Co. v. Montfort

Citations

• 60 Ill. 175

Syllabus

<p>1.' Cakriehs — liability beyond their oton lines. Where goods are delivered toa railroad company for carriage, marked to a particular place, and beyond tlie terminus of their line of road, the company receiving the goods are hound to carry them to the place of destination. To that extent is their undertaking at th.e common law, hut they may, by express agreement, limit their liability to their own route and to its terminus.</p> <p>2. Where, in such case, the shipper takes a receipt for the goods, from the company receiving them, containing conditions restricting their liability to their own line of road, if he accepts it with a full knowledge of such conditions and intending to assent to them, it.be,comes his contract as fully as if he had signed it.</p> <p>3. But whether the shipper accepted the receipt with a knowledge-of such restriction, and with the intention to assent to it, is a question of fact to be determined by the jury.</p>