Illinois Central Railroad v. Frankenberg

Citations

• 54 Ill. 88

Syllabus

<p>1. Common carriers—thew liability for the safe delivery of goods beyond their own lines. Railroad companies are common carriers, and where they receive goods to carry, marked to a particular place, they are bound, prima facie, under an implied agreement from the mark or direction, to carry to and deliver at that place, although it be a place beyond their own lines of carriage.</p> <p>2. If damage result, or a loss occur, in respect to goods thus shipped, under circumstances which would render a carrier liable, the carrier who received the goods in the first instance must account to the owner therefor, whether the damage or loss occurred upon his own line of carriage or upon that of some other carrier on the line of transit. In such case, the contract of the shipper is with the carrier in whose custody he placed the goods.</p> <p>3. Same—of limiting the common law liability of cm'riers. But while such is the common law liability of the carrier who receives the goods in the first instance, he may, not by general notice, as that has been held insufficient, but by special contract with the shipper, limit his liability to such damage or loss as may occur on his own line of carriage. It is allowable for carriers to relieve themselves from their general common law liability by special contract.</p> <p>4. And it has been held that if a shipper takes a receipt for his goods from the carrier, containing conditions limiting the liability of the carrier in such way as it is competent for him to do, with a full knowledge on the part of the shipper, of such conditions, and intending to assent to the restrictions contained in them, it becomes his contract as fully as if he had signed it.</p> <p>5. So where a shipper took a receipt from the company to whom goods were delivered in the first instance, marked to a point beyond that company’s line, containing this condition: “And it is further especially understood, that for all loss and damage occurring in the transit of. said pack