Gregg v. Illinois Central Railroad

Citations

• 147 Ill. 550
• 35 N.E. 343

Syllabus

<p>1. Common carrier — liability •—when it ceases. The liability of a railroad company as a common carrier of freight ceases upon the unloading of the goods from the car at the place of destination, and placing them in a safe and secure warehouse. 1</p> <p>2. Where the carrier is not required, in the usual course of business, or expected, to remove the freight from the car, as in the case of grain in bulk, coal, lumber and the like, its liability as such will terminate by delivering the car in a safe and convenient position for unloading, at the elevator, warehouse or other place designated by the contract or required in the usual course of business, or, if no place of delivery is thus designated or required, on its side-track in the usual and customary place for unloading by consignees.</p> <p>3. Same—liability—failure to designate place of delivery. In the «vent of a failure of the consignee to designate a place of delivery, the -contract of carriage will determine when the cars, in proper and safe -condition, are placed at the usual and ordinary place of keeping or storing cars con taining like freight upon the railroad company’s tracks, and where they may be safely and conveniently unloaded.</p> <p>4. Where several carloads of corn are shipped to a point named, ■consigned to the shipper, and no warehouse or place of delivery is designated, and it is not shown that in the usual course of business the •carrier is bound to deliver at any particular place, it will be presumed that the consignee is to receive the grain on the track.</p> <p>5. In all such cases, the question to be determined is, whether anything remains to be done by the carrier in the completion of its contract to safely carry and deliver the goods at the place of destination. If there is, its liability as carrier continues; if there is not, and the goods remain in the possession of the carrier, its liability in respect thereof, when not varied by contract or usage, is as a warehouseman, only.</p> <p