Erie & Western Transportation Co. v. Dater

Citations

• 91 Ill. 195

Syllabus

<p>1. Carrier—limiting his liability. A shipper of goods is not hound by a clause in a carrier’s receipt or bill of lading given on the receipt of goods for transportation, limiting the common law liability of the carrier, unless the shipper assents to the same.</p> <p>2. Same—assent to limitation not presumed. The assent of a shipper to the conditions in a receipt or bill of lading limiting the carrier’s liability will not be inferred from the mere fact of acceptance of the bill or receipt without objection,—and this without regard to the fact whether the bill of lading is used in trade wholly within this State, or in inter-State trade or in foreign commerce. Nor will it be conclusively inferred from the fact of the previous acceptance of a large number of similar bills of lading, not filled up by the shipper or held in his possession to be filled up.</p> <p>3. Same—evidence of assent to limitation. The acceptance of a bill of lading containing a restriction of the carrier’s liability and the previous practice of giving and receiving similar bills of lading, are evidence tending to show that the limitation of liability therein was assented to by the shipper, but neither one nor both such facts would be conclusive evidence thereof.</p>