Erie Railway Co. v. Wilcox

Citations

• 84 Ill. 239

Syllabus

<p>1. Carrier—not bound to agree to deliver goods beyond its line of conveyanee. A common carrier is not bound to assume responsibility for the transportation of goods beyond the terminal points reached by its own conveyances, hut may do so.</p> <p>3. Same—•evidence of contract to carry beyond its lines. The acceptance of goods delivered for carriage, marked to a point beyond the terminus of the carrier’s line, is construed, prima facie, as a contract for through transportation.</p> <p>3. Same—limiting liability by contract. The carrier may limit its obligation to carry safely over its own lines, or only to points reached by its own carriages, and for safe storage and delivery to the next carrier in the route beyond, although the goods are marked to a point beyond its line. A clause in the receipt given the owner for the goods, so restricting the earner’s obligation, if understandingly assented to by the shipper, will as effectually bind him as if he had signed it.</p> <p>4. Same—release, and, its effect. If a carrier seeks exemption from any common law liabilities incident to its general employment, the contract must be assented to with a view to release the responsibilities imposed; and when the exemption is established, the carrier, in case of loss, will only he responsible on account of actual negligence or willful misconduct. The rule is the same in respect to goods shipped to a point beyond the carrier’s own line.</p> <p>5. Same—restriction of liability, by notice, only. A carrier can not discharge itself from duties which the law has annexed to the employment, by notice alone, to the shipper. The shipper must assent to it, to make it effectual; hut it is otherwise in respect to those duties designed simply to insure good faith and fair dealing. There, a notice is sufficient.</p> <p>6. Same—how fan' liability may be restricted. The law, on grounds of public policy, will not permit a common carrier of passengers or freight to contract against liability for its