Merchants' Despatch Transportation Co. v. Leysor

Citations

• 89 Ill. 43

Syllabus

<p>1. Carrier—limitation of liability. The right of a carrier to limit its common law liability by contract, if made fairly and advisedly on behalf of the shipper, can not be denied; but the mere fact that the bill of lading given contains a clause exempting the carrier from loss of the goods by fire, can not' be held conclusive of such a contract.</p> <p>2. If a shipper, with full knowledge of the terms and conditions of a bill of lading given for goods to be transported, assents to and accepts the same as the contract under which the goods are shipped, then the bill of lading will constitute a binding contract, which will control the’ rights and liabilities of the parties. Whether the shipper knows the terms and conditions of a bill of lading, and assents to the same, is a question of fact for the jury.</p> <p>3. Same—restriction of liability in bill of lading not assented to by shipper. Where the shipper of goods has no knowledge that the bill of lading given contains a provision releasing the carrier from liability for loss by fire, and the goods are destroyed by fire before reaching their destination, and while in the custody of the carrier, the latter will be liable to the owner for their value.</p> <p>4. Deposition—mistake in name of party. Where suit was brought against the “ Merchants’ Despatch Company,” and a deposition. taken on behalf of the plaintiff, together with the notice of the same, was in the same name, and afterwards, by leave of court, the summons was amended so as to describe the defendant as the “ Merchants’ Despatch Transportation Company,” it was held, that under the circumstances the slight mistake in the defendant’s name in the notice and in the deposition, was not a sufficient error to exclude the deposition as evidence.</p> <p>5. Barits—objection to misnomer of party must be taken before trial. A mere formal objection to a deposition, such as a slight mistake in the corporate name of the defendant, must be urged by motion to suppress, b