Merchants' Despatch Transportation Co. v. Theilbar

Citations

• 86 Ill. 71

Syllabus

<p>1. Carrier — limiting common law liability. A clause in a receipt or bill of lading exempting a common carrier from a common law liability is not binding on the shipper, unless it appears that he knew of and assented to the exemption, and this is a question of fact.</p> <p>2. Same — bound to receive and carry goods. A common carrier, by virtue of his calling, is bound to receive goods when properly tendered for shipment, and to carry them safely, unless destroyed by the act of God or the public enemy, and has no right to be exempt from loss by fire, except by virtue of a special contract to that effect. It can not limit its liability by its own act alone.</p> <p>3. Bvxdestce — clause in carrier’s receipt restricting liability. On the trial of a suit by the court alone, against a common carrier, for loss of goods shipped, where the proof shows that the shipper had no knowledge of a clause in the receipt given exempting the carrier from liability for loss by fire, and that the shipper never assented to such clause, there is no error in receiving in evidence the part of the receipt acknowledging the receipt of the goods and agreeing to carry the same, and to reject the exemption clause. If the trial is before a jury, the whole instrument must be read, as they are to decide whether the clause of exemption was known and assented to by the shipper.</p>