Merchants' Despatch Transportation Co. v. Jœsting

Citations

• 89 Ill. 152

Syllabus

<p>1. Bill or exceptions—necessary to preserve motion to remove cause to Federal courts. A party can not assign for error the refusal of the court to transfer a cause to the Federal court, unless the affidavit and bond on which the motion is based are embodied in the bill of exceptions, as well as an exception to the ruling of the court. Such papers do not become a part of the record unless they are so preserved.</p> <p>2. Admission—statement of a fact as learned from another. A party is not bound by a statement, made by himself, based upon the information of the agent of the opposite party, without any actual knowledge of the fact.</p> <p>3. Common carrier—restriction of his liability. A common carrier can only limit or restrict his liability by agreement, and when the carrier gives a receipt for goods, to be shipped, containing a restriction of his liability, it must appear that the shipper was aware of such restriction, otherwise there is no presumption of his assent thereto.</p> <p>4. To make such a restriction binding on the shipper, he must expressly agree to it, or he must accept the receipt under such circumstances as clearly show his assent to the restriction. The receiving of the receipt does not prove assent, but if the party reads the receipt and makes no objection, his assent may he inferred.</p> <p>5. The fact that the merchants of whom goods were purchased knew of such limitation of liability in the receipt given when they shipped the goods, is not sufficient to lessen the common law liability, without proof of authority from the owner to make such contract with the carrier. In the absence of evidence, it will be presumed that the persons shipping had only authority to ship them with all the liabilities of the carrier attaching, without exceptions of any description.</p> <p>6. Practice—evidence must be objected to. The admission of improper evidence'on a trial can not be urged as error when the record fails to show it was objected to at the time it wa