Fox v. Chicago & Alton Railroad

Appellate Court of Illinois

Fox v. Chicago & Alton Railroad

188 Ill. App. 11

DecidedDecember 27, 1913

StatusPublished

This text of 188 Ill. App. 11 (Fox v. Chicago & Alton Railroad) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fox v. Chicago & Alton Railroad, 188 Ill. App. 11 (Ill. Ct. App. 1913).

Pincite

Opinion

Mr. Justice Eldredge

delivered the opinion of the court.

Abstract of the Decision. 1. Cabbiebs, § 16*—duty to furnish suitable cars. It is the duty of a carrier to furnish cars suitable for the transportation of the commodity for which they were ordered. 2. Cabbiebs, § 16*—when not duty of shipper to furnish grain doors. Where cars are ordered of a carrier for the shipment of grain and the cars furnished are without grain doors, it is not the duty of the shipper to furnish the grain doors himself in order to lessen the loss which might result from a delay in furnishing cars equipped with such doors. 3. Cabbiebs, § 20*—when instruction as damages for delay in furnishing cars incorrect. In an action against a carrier for damages resulting from a delay in furnishing cars, an instruction that the measure of damages is the difference between the market value at the point of shipment at the time the cars should have been furnished and the market price when the cars were actually furnished, held incorrect as confining the market price to that prevailing at the point of shipment. 4. Appeal and eebob, § 1241*—when appellant cannot complain of his adversary’s instruction. Appellant cannot complain of his adversary’s instruction as to the measure of damages where his own given instruction announced the same rule.

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Mr. Justice Eldredge

delivered the opinion of the court.

Abstract of the Decision. 1. Cabbiebs, § 16*—duty to furnish suitable cars. It is the duty of a carrier to furnish cars suitable for the transportation of the commodity for which they were ordered. 2. Cabbiebs, § 16*—when not duty of shipper to furnish grain doors. Where cars are ordered of a carrier for the shipment of grain and the cars furnished are without grain doors, it is not the duty of the shipper to furnish the grain doors himself in order to lessen the loss which might result from a delay in furnishing cars equipped with such doors. 3. Cabbiebs, § 20*—when instruction as damages for delay in furnishing cars incorrect. In an action against a carrier for damages resulting from a delay in furnishing cars, an instruction that the measure of damages is the difference between the market value at the point of shipment at the time the cars should have been furnished and the market price when the cars were actually furnished, held incorrect as confining the market price to that prevailing at the point of shipment. 4. Appeal and eebob, § 1241*—when appellant cannot complain of his adversary’s instruction. Appellant cannot complain of his adversary’s instruction as to the measure of damages where his own given instruction announced the same rule.

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Bluebook (online)

188 Ill. App. 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-chicago-alton-railroad-illappct-1913.