Gulliver v. Adams Express Co.

Citations

• 38 Ill. 503

Syllabus

<p>1. Express companies—their liability. Express companies are common carriers, and are liable as such ; they are insurers for the safe delivery of property intrusted to them for transportation, and will not be excused for its non-delivery except they are prevented by the act of God or a public enemy.</p> <p>2. Same—delivery—notice. The rule is, that express companies can not discharge themselves from responsibility in any other way than by delivering the property to the proper person, at his residence or place of business.</p> <p>3. But this rule has been relaxed in a case where there was a well established custom at railroad way stations, to give notice to the owner, and deliver at the office, it being reasonable to suppose the parties contracted with reference to such custom.</p> <p>4. There must not, however, be an unreasonable delay in giving the notice in such case. Where the owner of a package of money sent by express, resided in the. country, eight miles from the office of delivery, a delay in giving him notice, from October until February, was considered unreasonable.</p> <p>5. Same—-from whom received, The liability of the company for the safe delivery of property which has come into their possession, is the same whether it was received direct from the owner, or from another company to whom it was originally delivered.</p> <p>6. Same—receipt not essential. Nor is it essential to the liability of the company that they should have given a receipt for the property. The fact that it came to their possession as carriers may be shown by other testimony.</p> <p>7. Exceptions—and bill of exceptions—when necessary. Instructions given by the court to the jury can become a part of the record only by being incorporated in a bill of exceptions.</p> <p>8. Nor can the propriety of an instruction be inquired into in the appellate court unless it appears from the bill of exceptions that it was excepted to in the court below.</p>