159 N.E. 802 | Ill. | 1927
Lead Opinion
Appellee, the Alton Iron and Metal Company, began suit in the municipal court of Chicago against appellant, the Wabash Railway Company, to recover shortages upon two car-loads of freight. There was a trial before the court without a jury, judgment was rendered against appellant for $151.63, which has been affirmed by the Appellate Court for the First District, and a further appeal has been prosecuted to this court on a certificate of importance.
On October 4, 1922, two car-loads of scrap iron were shipped from Rayville, Louisiana, by the Mengel Company, consigned to the shipper at Chicago. Two uniform domestic bills of lading, the forms of which had been approved by the Interstate Commerce Commission, were issued to the shipper by the initial carrier. From East St. Louis the shipments were carried to Chicago over appellant's road, where they arrived about November 2, 1922. The consignee was notified of the arrival, but the loaded cars remained on appellant's tracks until about November 24, when the bills of lading were assigned to appellee, who paid the carrier charges, had the cars switched to the tracks of the Chicago, Burlington and Quincy Railroad Company, and they were unloaded on November 27 in the yards of appellee, whereupon appellee claimed a shortage of 9930 pounds on one car and 6020 pounds on the other car, valued at $19 per ton.
The evidence on behalf of appellee consisted of the two bills of lading, together with proof that appellee purchased the shipments in Chicago upon the basis of the weights stated in the bills of lading; that the bills of lading were assigned to appellee, who paid appellant the freight charges over the entire route of the shipments based on the weights *355 as stated in the bills of lading; that there was a shortage, and the value thereof. The evidence on behalf of appellant was that it received the two cars from a connecting carrier at East St. Louis, transported them safely and without loss to Chicago, where they were delivered to appellee in the same condition in which they were received by appellant.
The contention of appellee is that appellant was an insurer of the goods and is estopped from denying that it received the quantity of iron specified in the bills of lading and is therefore liable for the shortages. Appellant contends that the common law liability of a terminal carrier in an interstate shipment is for its own negligence, only, and that such liability was not changed or affected by the Carmack amendment to the Interstate Commerce act; that there is no proof that the loss was due to any negligence on appellant's part, but, on the contrary, the proof shows the loss was not caused by the negligence of appellant. The holding of the Appellate Court sustains the contention of appellee.
These were interstate shipments, and the rights and liabilities of the parties are governed by Federal statutes and the decisions of Federal courts in so far as such statutes and decisions are applicable to the facts in evidence. (AdamsExpress Co. v. Croninger,
The provisions of the Carmack amendment were before the Supreme Court of the United States in Georgia, Florida andAlabama Railway Co. v. Blish Milling Co.
The rule announced by the Federal courts in this respect was recognized by this court in Pennington v. Grand Trunk WesternRailway Co. supra. On page 42 this court said: "It is true that the Carmack amendment makes the initial carrier liable to the lawful holder of the bill of lading for any loss, damage or injury to property caused by it, or by any common carrier, railroad or transportation company to which such property may be delivered or over whose lines such property may pass. It is also true that under that amendment no other connecting carrier is made liable for such loss or injury caused by any other carrier connected with the shipment or transportation. However, every carrier connected with an interstate shipment is liable for damage or loss to the property so received or transported, caused by its own negligence. The Carmack amendment expressly reserves to the shipper such a right of action by *358 this proviso: 'Provided further, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under the existing law.' Where the suit is against a connecting carrier and not against the initial carrier of an interstate shipment it is incumbent upon the plaintiff to allege and prove that the loss and damage to his shipment were caused by the negligence of the defendant according to the law in existence prior to the enactment of the Carmack amendment." On page 44 it was said: "The bill of lading issued by the initial carrier is to be considered, under the provisions of the Carmack amendment, as a bill of lading of the connecting carrier, and therefore binding in all of its provisions that are valid and applicable to that suit."
Appellee insists that under section 8604kk of the United States Comp. Statutes of 1918, which is section 22 of the Federal Bills of Lading act, appellant was an insurer of the shipments and liable for the shortages. That section provides, in substance, that if a bill of lading has been issued by a carrier for transportation in commerce among the several States, the carrier shall be liable to the owner of the goods covered by a straight bill of lading, subject to the existing right of stoppage in transit, or to the holder of an order bill who has given value in good faith, relying upon the description therein of the goods, for damages caused by the non-receipt by the carrier of all or any part of the goods or their failure to correspond with the description thereof in the bill at the time of its issue. This section only changes the common law liability of the initial carrier which issued the bill of lading. By its terms it does not apply to a connecting or terminal carrier, and their liability remains the same as it was prior to the passage of this section. American Hide Co. v.Southern Railway Co.
In this case the trial court and the Appellate Court were in error in holding that appellant was an insurer of the goods and estopped from denying that it received the quantity of iron specified in the bills of lading. The only liability of the appellant as a connecting carrier was for its own negligence or default. The evidence on behalf of appellant shows that these shipments were delivered by appellant in the same condition in which it received them. There is an entire absence of any evidence showing, or even tending to show, any negligence or default on behalf of appellant in the handling of the shipments. For this reason the court should have entered a judgment in favor of appellant. Propositions of law were submitted by appellant which correctly state its liability. These propositions were not held, and this was error.
The judgment of the municipal court and of the Appellate Court will be reversed and the cause will be remanded to the municipal court.
Addendum
The foregoing opinion reported by Mr. Commissioner Partlow is hereby adopted as the opinion of the court, and judgment is entered in accordance therewith.
Reversed and remanded. *360