Northern Transportation Co. v. McClary

Citations

• 66 Ill. 233

Syllabus

<p>1. Carrier—liability of transfer company to owner of goods shipped. The owner of a lot of flour shipped the same to Chicago, to be carried from there by the Northern Transportation Company to Ogdensburg, N. Y., and thence by rail to Barton’s Landing, Vt., paying the freight to Chicago, taking the carrier’s receipt. The clerk of the transportation, company receipted for the same to the company with whom the contract was made, upon the representation that the flour had arrived at the warehouse of defendant, and that the freight had been prepaid, but testified that the flour was never in fact received. It seems that, owing to a mistake in mark, ing the direction of the car containing the flour, the same was received by another warehouse company, whose house was near that of defendant. It was contended, under those circumstances, the defendant was not liable for the loss, but that the owner’s remedy was against the first carrier for the mistake in marking the car, which led to the loss: Held, that, while the first carrier was guilty of negligence, the defendant was also guilty of negligence in giving the receipt without first ascertaining that the flour had arrived at its warehouse, for which it was liable to the owner; and that the question of ultimate liability was one tobe settled by the two companies-themselves.</p> <p>2. Same—measure of damages for non-delivery of goods. Where goods are shipped for transportation, and are lost, or not delivered, the proper measure of damages is the value of the same at the place of destination, and interest, deducting the unpaid cost of transportation; and when such cost has been paid either wholly or in part, it is erroneous to include the same in the assessment of the damages.</p> <p>3. Supreme Court—reversal with direction to enter judgment for the proper amount. Where the only error in a cause was that the court allowed an item in the assessment of damages which was not proper, the trial' being by the court, and there was no