Peoria & Pekin Union Railway Co. v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 109 Ill. 135

Syllabus

<p>1. Common carríer—a railway company as a common carrier of the cars of another company, hauled, over its line. A railway company engaged in the transportation of freights for hire as a common carrier, is bound to transport or haul upon its road the cars of any other railroad company, when requested so to do, and will hold the same relation as a common carrier to such cars that it does to ordinary freight received by it for transportation, and in case of loss will be held to the same measure and character of liability to the owner of the cars so received for transportation, as would attach in respect to any other property.</p> <p>2. In this case the defendant railroad company’s principal business was switching ears for other railroad companies. Its tracks were connected with those of the other railroads by a transfer switch, and with mills, elevators and manufactories in and around the city where its business was transacted. The plaintiff corporation brought a car, loaded with freight, to the city, and placed the same on the transfer track, with orders to the defendant to ship the same to a certain distillery, to which place it was taken and unloaded. „When unloaded it was taken by the defendant, without orders from the plaintiff, to a sugar refinery, to be loaded, and then switched to the transfer track for shipment. On the same day the sugar refinery was burned, and also the car: Held, that the defendant was liable, as a common carrier, to the plaintiff for the value of the car so destroyed.</p>