Erie & Pacific Despatch v. Cecil

Citations

• 112 Ill. 180

Syllabus

<p>1. Contract — association of railroad companies—contract by one company, whether binding on all. Where a combination or association of three or four different railroad companies is formed for the transportation of freight and the transaction of the business of a common carrier, which is , conducted by the general managers of each of the component companies, as in the case of a partnership, so long as one of the companies acts within the general scope of its powers in making contracts or performing other acts on behalf of the association, the association itself will be bound, although the particular company acting for it has exceeded its authority, as tested by its laws or articles of association.</p> <p>2. Same—contract with carrier for rebate on freight—of its validity. A contract of. a railway company or association of such companies, made by its usual agents, with a shipper, to ship and carry a large quantity of grain at a reduced rate, which is five cents on the hundred pounds less than the customary rates, but that the same should be billed at the regular rates then current and the freight paid at the latter rates, the difference in the two rates to be forthwith paid back to the shipper, is valid and binding on the company or companies making the same.</p> <p>3. Evidence—question assuming fact in dispute. It is a general rule that a question to a witness should not be so framed as to assume the existence of a material fact of which there is no proof, particularly if the fact is-a controverted one, and the person testifying is what is known as a “willing” witness. Still, a court of review will not interfere with the exercise of the discretion of the judge who tries the case in such matters, except where it is apparent the complaining party may have been injured by the ruling.</p> <p>4. So, in a suit to recover a promised rebate of a part of freight paid on a shipment under a special contract, the making of which was not disputed, but where the authority of th