Vincent v. Chicago & Alton Railroad

Citations

• 49 Ill. 33

Syllabus

<p>I. Railroad companies—required to deliver the goods to the consignee—at his place of business—when on the line of its track. Under section 22 of the act of February, 1867, entitled “ Warehousemen,” railroad companies are positively inhibited from making delivery of any grain which they have received for transportation, into any warehouse other than that into which it is consigned, without the consent of the owner or consignee thereof.</p> <p>2. Same—of the rule at common law. And independent of the statute, the duty to make a personal jlelivery to the consignee, in cases where such delivery is practicable, is required by the common law.</p> <p>8. Same—rule relaxed as to railroad companies. And the common law rule, requiring common carriers by land to make personal delivery to the consignee, has been so far relaxed as regards railways, from, necessity, as in most cases to substitute, in place of personal delivery, a delivery at the warehouse of the' company. But this is upon the ground that a railway has no means of delivery beyond its own lines.</p> <p>4. Same—cases where personal delivery is required. And in cases where a shipment of grain is made to a party having his warehouse on the line of the road by which the grain is transported, and such consignee is ready to receive it, it is the duty of the carrier to make a personal delivery to him, at the warehouse to which it is consigned.</p> <p>5. In cases of this character, the rule of the common law must be applied in its full force, the necessity not arising for its relaxation.</p> <p>6. Same—what points are to be considered as on the line of a railway for the purposes of personal delivery. Where the owner of adjacent property to a railway company had, with the consent of the company, for a valid consideration, been permitted to lay down a side track, connecting with the track of the company, for the purpose of transporting to such property articles of freight, and such owner has erected thereon a warehouse, wh