Illinois Central Railroad v. Hall

Citations

• 58 Ill. 409

Syllabus

<p>1. Common carriers—liability for loss of stock in course of transportation. In an action against a railroad company to recover for the loss of hogs Avhich escaped from the cars Avliile in the course of transportation, it appeared the bill of lading provided that the hogs shipped should be taken care of by the owner, and the company should not be liable for loss of hogs by jumping from the cars, except it should occur by reason of a collision of trains, or Avlien cars Avere throtvn from the track. The hogs in question Avere shipped in cars belonging to another company, and selected by the plaintiff, he refusing to use the cars of the defendant: Held, if the hogs escaped from these cars by reason of any defect in them, or of the door fastenings, the defendant would not be responsible if the company did not knmv the fact when the plaintiff selected them.</p> <p>2. Measure of damages—loss of stock by common carrier. Where it is sought to recover for the loss of hogs which escaped from the cars while in course of transportation on a railroad, if it usually took twenty-four hours to get a car of hogs from the place of shipment to the place of destination, and the hogs were started from the place of shipment in the evening of a certain day, then the price of hogs at the place of destination on the next day after such shipment, should not be taken into consideration as the basis for the calculation of damages.</p> <p>3. Evidence—hearsay. In such case, hearsay evidence of the number of hogs delivered by the owner at the place of destination, is not admissible.</p>