Merchants' Despatch Co. v. Smith

Citations

• 76 Ill. 542

Syllabus

<p>1. Common carrier—what is act of God. Where a carrier undertakes to transport goods, lie will be held liable for tlieir loss or destruction, unless the same was caused by the act of God or the public enemy. By the term “act of God,” is meant something superhuman, or something in opposition to the act of man. Loss by fire, as in the great Chicago fire, therefore, will not relieve the carrier from his undertaking.</p> <p>2 Party, plaintiff—action against caorier. When goods are consigned without reservation on the part of the consignor, the legal presumption is, that the consignee is the owner, and in case of a loss, an action against the carrier is properly brought by the consignee.</p>