Illinois Central Railroad v. Owens

Citations

• 53 Ill. 391

Syllabus

<p>1. Common cabbiebs—delay in transporting stoch—construction of contract. In an action against a railroad company to recover damages for delay in transporting a lot of hogs, it appeared the contract was, that the company should not be liable for loss “ by delay of trains, or any damage said property might sustain, except such as might result from a collision of a train, or when cars were thrown from the track in course of transportation.” During the trip, one car was thrown from the track by reason of a broken rail, while all the cars containing the hogs remained on the track: Held,, the company were liable for whatever hogs were lost, or whatever shrinkage occurred by reason of the delay caused by the accident.</p> <p>2. But the company would not be liable for injury resulting from delay not attributable to the accident, such as delay caused by the cold weather.</p> <p>3. Pabties—who may sue upon a contract made in the name of one partner. One of two partners entered into a written contract, in his own name, with a railroad company, for the transportation of property belonging to the firm. The parties had no particular way of signing the firm name, signing, sometimes, in the names of both partners, and sometimes in the name of one or the other of them, individually: Held, a suit could be maintained in the names of both partners, for a breach of the contract.</p>