Illinois Central Railroad v. McClellan

Citations

• 54 Ill. 58

Syllabus

<p>1. Cabbiebs—delay in transporting grain—perishable property. In an action against a railroad company to recover for injury to a quantity of corn, occasioned by delay in the transportation of the same, the defendants can not claim exemption from liability under a clause in the bill of lading which releases them from loss on perishable property. Mature, merchantable corn can not be regarded of that character.</p> <p>2. Same—duty in regard to delivery of goods. Only the acts of God or the public enemy will excuse common carriers for non-delivery of goods entrusted to them for transportation.</p> <p>3. Same—duty as to preservation of goods. But while carriers are insurers for the delivery of goods bailed, they are not insurers that they shall reach their destination in the same condition in which they were shipped They are not liable for losses from ordinary wear and tear of goods in the course of transportation, or from, their ordinary loss, deterioration in quantity or quality in the course of the voyage, or from inherent natural infirmity and tendency to damage, or which arise from the personal neglect or wrong, or misconduct of the owner or shipper of the goods.</p> <p>4. But a common carrier is bound to use due diligence for the preservation of the goods from damage and deterioration. If the care which prudent men ordinarily take of their own property be omitted and loss ensue, the carrier will be liable.</p> <p>5. And the carrier will be liable for any damage to property resulting from unreasonable delay in transportation, unless excused by uncontrolable circumstances.</p> <p>6. Same—what constitutes unreasonable delay. Where corn was received by a railroad company to be transported to a point, the usual time for reaching which was two and one-lialf to three days, and there was such delay on the part of the company that the shipment did not reach its destination, a part of it until eleven days and a part forty-five days after it was shipped: Held,, this was suc