Pennington ex rel. Edgerton v. Grand Trunk Western Railway Co.

Appellate Court of Illinois

Pennington ex rel. Edgerton v. Grand Trunk Western Railway Co.

199 Ill. App. 479, 1916 Ill. App. LEXIS 273

CourtAppellate Court of Illinois

DecidedMay 29, 1916

DocketGen. No. 22,061

StatusPublished

Cited by2 cases

This text of 199 Ill. App. 479 (Pennington ex rel. Edgerton v. Grand Trunk Western Railway Co.) 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.

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Pennington ex rel. Edgerton v. Grand Trunk Western Railway Co., 199 Ill. App. 479, 1916 Ill. App. LEXIS 273 (Ill. Ct. App. 1916).

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Opinion

Mr. Presiding Justice McSurely

delivered the opinion of the court.

3. Carriers, § 198*—when affidavit of defense by connecting carrier sufficiently alleges sole liability of initial carrier. In an action against a connecting interstate carrier for damage to shipment shipped under a through bill of lading, an affidavit of defense averring that the damages, “if any, are not chargeable in any way to the defendant,” is sufficient to raise the point that the Carmack Amendment has superseded all regulations and policies of the different States in regard to interstate carrier’s liability, and such action must be brought against the initial carrier.

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Mr. Presiding Justice McSurely

delivered the opinion of the court.

3. Carriers, § 198*—when affidavit of defense by connecting carrier sufficiently alleges sole liability of initial carrier. In an action against a connecting interstate carrier for damage to shipment shipped under a through bill of lading, an affidavit of defense averring that the damages, “if any, are not chargeable in any way to the defendant,” is sufficient to raise the point that the Carmack Amendment has superseded all regulations and policies of the different States in regard to interstate carrier’s liability, and such action must be brought against the initial carrier.

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199 Ill. App. 479, 1916 Ill. App. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennington-ex-rel-edgerton-v-grand-trunk-western-railway-co-illappct-1916.

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