Milwaukee & St. Paul Railway Co. v. Smith

Citations

• 74 Ill. 197

Syllabus

<p>1. Carriers—implied contract as to place of delivery. The rule in this State is, that where goods are delivered to a railway company marked to a place not upon the line of its road, but beyond the same, with no other directions or without any express contract as to the place of delivery, the law will imply an undertaking on the part of the carrier to transport and deliver the goods at the place to which they are marked.</p> <p>2. Lex loci — governs contract of carrier. Where goods are delivered to a carrier in Wisconsin, the contract to be performed there, the laws of that State will govern as to the construction of the contract, and determine the extent of the carrier’s undertaking.</p> <p>3. Evidence — common law of a State, how shown. The unwritten or common law of another State may be proved by the testimony of competent witnesses instructed in its laws.</p>