Illinois Central Railroad v. Waters

Citations

• 41 Ill. 73

Syllabus

<p>1. Carriers—liability for damages by reason of delay in transportation —■ duty of the shipper. Where a lot of cattle is placed in cars provided for them by a railroad company, for transportation, in time for the next regular cattle train, the station agent of the company at the place of shipment having knowledge of the fact, it is the duty of the company to carry the cattle by the next train, and by their neglect so to do they will be liable for whatever damage may result to the cattle by reason of the delay.</p> <p>2. Where the train which should have taken the cattle, passed the station at which they were waiting between ten and eleven o’clock at night, and the owner allowed the cattle to remain in the cars until nine o’clock the next morning before he took them out, he was not chargeable with any want of proper diligence in removing them. It was not his duty, although he did not then intend to allow the company to complete the carriage, at once, upon the passing of the train at such an hour in the night, to take the cattle out of the cars to prevent injury to them by being thus confined.</p> <p>3. Measure oe damages in such a case. The damages resulting to cattle from being confined in cars an improper length of time, are matter, in a great degree, of opinion. The fact that the cattle were without food, under circumstances where the owner could not properly be expected to provide it, is a proper element to enter into the calculation of damages.</p>