Toledo, Wabash & Western Railway Co. v. Roberts

Citations

• 71 Ill. 540

Syllabus

<p>1. Averment that defendant is a common carrier. An averment in a declaration, that the defendant is a corporation, created by the laws of this State, and engaged in operating a railroad, and carrying corn and grain in cars furnished by itfelf, upon its own and other roads, is equivalent to an averment that it is a common carrier.</p> <p>2. Contracts—what constitutes a contract by common carrier to carry freight on specific terms. Where a shipper applies to the local freight agent of a railroad company, to get the rates of freight upon a proposed shipment of a certain amount of grain to a given point, and the agent, acting by authority, gives him the rate, and he agrees to ship at that rale, and then goes to the master of trains of the company, and makes an arrangement with him for the requisite number of cars, per week, for the purpose of making such shipment, this amounts to a special contract on the part of the compan)' to make the shipment at the rates named by the freight agent, and to furnish the cars in the manner agreed upon by the shipper and master of trains.</p> <p>3. Same—can not change rates of freight so as to affect existing contracts. Carriers can change their rates of freight so as to operate upon future contracts, but they can not increase them so as to affect existing contracts.</p> <p>4 Measure op damages for failure to cm-ry freight according to contract. In a suit against a railroad company for a failure to carry grain according to contract, compensatory damages alone can be given.</p>