Pittsburgh, Ft. Wayne & Chicago R. R. v. Hazen

Citations

• 84 Ill. 36

Syllabus

<p>1. Common carrier— what competent to be shown as an excuse for delay in transit of goods. In a suit against a railroad company for damages resulting from delay in the transit of freight, it is competent for the company to show that the delay was caused solely by the lawless, irresistible violence of men who were not in the employment of the railroad company.</p> <p>2. Same — railroad company liable for delay caused by its employees, but not by others. Where delay in the transit of goods by a railway company is caused by the refusal of its employees to do duty, the company is liable for any damage resulting from such delay; but where the delay results solely from the lawless violence of men not in its employ, the company is not responsible, even though the men whose violence causes the delay may have been but a short time before in the employment of the company.</p> <p>3. Same •— duty and liabilities in case of a “ strike,” among its employees. Where the employees of a railroad company suddenly refuse to work, and are discharged, and delay results from the failure of the company to promptly supply their places, the. company is responsible for any damage caused by such delay; but where the places of the recusant employees are promptly supplied by other competent men, and the “ strikers” then prevent the new employees from doing duty by lawless and irresistible violence, the company is not responsible for delay caused solely by such lawless violence.</p>