Illinois Central Railroad v. Hornberger

Citations

• 77 Ill. 457

Syllabus

<p>Common carrier—liability of, for not receiving and transporting grain. Where a person, desirous of shipping a large quantity of corn over a railroad to Cairo, stored the same in the warehouse, and on promises of the railroad company, to he transported as soon as cars could be procured for the purpose, but the company never received or receipted for the same, and was unabie to forward the same, for want of cars, and for the reason that the road was controlled by the military authorities of the United States, who refused to give permits to ship the same, and in consequence of which the grain was injured by exposure, etc: Held, that, under the circumstances, the company was not liable to the owner of the grain for the delay in furnishing transportation, there being no contract to transport the same, and the same never having come to its possession for transportation.</p>