Grand Tower Manufacturing & Transportation Co. v. Ullman

Citations

• 89 Ill. 244

Syllabus

<p>1. Instruction—to find for plaintiff on proof of any one of several counts, part of which are defective. Where two of the three counts in a declaration are clearly so defective that the facts stated in either of them are insufficient to sustain a recovery, a charge to the jury that if the plaintiff has proven the averments in any one count they should find for the plaintiff, is erroneous.</p> <p>2. Carrier—whether holding goods as a warehouseman or as carrier. Where goods are delivered to a common carrier for transportation, and are placed in the depot or warehouse awaiting transportation, with nothing further to be done by the shipper, and they are burned before being shipped, the company so receiving them will be liable as a common carrier, and not merely as a warehouseman.</p> <p>3. Railroad—liability of company when road is in the hands of trustees. Where a railroad is in the hands of trustees, exercising the same functions the corporation is formed to exercise, and who were selected by the corporation as well as by its bondholders, and are operating the road to earn money to be applied in payment of the debts of the corporation, the trustees will be regarded as the agents of the corporation so far as relates to the transaction of business with third persons, and such persons may sue the corporation and recover damages, in respect to transactions had with such trustees, and will not be compelled to sue the trustees.</p>