Merchants' Despatch Transportation Co. v. Kahn

Citations

• 76 Ill. 520

Syllabus

<p>1. Common carrier—duty as to route. It seems that the duty of a common carrier, in the absence of any special contract, is to transport the property to the place of destination by the most usual, safe, direct and expeditious route, and failing in any of these, unless prevented by inevitable accident, he must be held liable for loss.</p> <p>2. Same—destruction by fire not necessarily inevitable accident. Where the common carrier received goods at Worcester, Mass., to transport to the consignees at Mattoon, Ill., and carried them by way of Chicago instead of the most usual and direct route by way of Indianapolis, and while stored in Chicago awaiting a reshipment they were destroyed by the great fire on the 9th of October, 1871: Held, that the carrier was not excused from liability on the ground of inevitable accident, as there was no compulsion to take the goods through Chicago.</p> <p>3. Same—general rule of liability. Where a transportation company receives goods for transportation, they assume all the duties of common carriers, and their liability must be determined by the obligations which are imposed upon that character of bailees. And the rule is, that such persons are insurers against every loss except when occasioned by the act of God or the enemies of the country.</p> <p>4. Same—liability does not terminate until goods home reached their destination. Where common carriers take goods being transported by them, from the cars, and place them in a warehouse for resliipment, and they are there destroyed by fire,- the goods still being in transit, their liability as insurers continues, and they are liable. Their liability as insurers does not terminate until the goods have reached their destination and have been stored in a safe warehouse.</p>