St. Louis & Iron Mountain Railroad v. Larned

Citations

• 103 Ill. 293
• 1882 Ill. LEXIS 173

Syllabus

<p>1. Carrier—liability beyond its own line of conveyance. While it is true that a railroad carrier may by contract restrict its liability to its own line, there is no doubt that it may also extend its liability beyond its own line.</p> <p>2. So, where a railroad company in its own wrong shipped a lot of cotton from its depot in Arkansas, to Waterville, in the State of Maine, beyond the terminus of its road, and on the application of the agent purchasing the cotton, gave him a bill of lading containing a. printed stipulation restricting its liability to its own line of road, naming the number of bales, and containing this .entry, written in a blank: “To be' forwarded from Waterville, Maine, (where the cotton is now lying) at consignee’s expense. All charges for transportation to that point, and necessary charges, to be paid by him, ’’—and the pral evidence showed it was to be transported to Putnam, Connecticut, it was held, that the company was liable to the assignee of the bill of lading, the consignee, for the value of the cotton, on account of its non-delivery at Putnam.</p> <p>3. Same—which of two carriers liable. An agent for eastern parties bought cotton in Arkansas, which he left at the defendant’s railroad depot, taking receipts for the same, but gave no orders for its shipment, and the pulroad company, without any authority from such agent, shipped the sajne to Waterville, Maine, where another company—the Maine Central Railroad Company—delivered the same to a person who was not in fact entitled to it. 'On learning the facts the defendant railroad gave a bill of lading, agreeing to transport the cotton to the person who was entitled to it, in Connecticut, at the consignee’s cost and expense, which was not done, the person receiving the cotton refusing to give it up, claiming it was bought for him. The agent drew a draft on his principal, to which he attached the bill of lading, properly assigned, which w’as paid by the principal, and the latter brought suit