{
  "id": 2973215,
  "name": "F. C. Pennington for use of I. V. Edgerton, Defendant in Error, v. Grand Trunk Western Railway Company, Plaintiff in Error",
  "name_abbreviation": "Pennington ex rel. Edgerton v. Grand Trunk Western Railway Co.",
  "decision_date": "1916-05-29",
  "docket_number": "Gen. No. 22,061",
  "first_page": "479",
  "last_page": "481",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 479"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:43214a454f813c37",
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  "last_updated": "2023-07-14T15:51:30.955611+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "F. C. Pennington for use of I. V. Edgerton, Defendant in Error, v. Grand Trunk Western Railway Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\n3. Carriers, \u00a7 198 \u2014when 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, \u201cif any, are not chargeable in any way to the defendant,\u201d is sufficient to raise the point that the Carmack Amendment has superseded all regulations and policies of the different States in regard to interstate carrier\u2019s liability, and such action must be brought against the initial carrier.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Kretzinger & Kretzinger and L. L. Smith, for plaintiff in error.",
      "Walter H. Eckert, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "F. C. Pennington for use of I. V. Edgerton, Defendant in Error, v. Grand Trunk Western Railway Company, Plaintiff in Error.\nGen. No. 22,061.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. James C. Martin, Judge, presiding. Heard in this court at the March term, 1916.\nReversed.\nOpinion filed May 29, 1916.\nStatement of the Case.\nAction by F. C. Pennington, for use of I. V. Edger-ton, plaintiff, against Grand Trunk Western Railway Company, defendant, to recover for damages to interstate shipment. To reverse a judgment for plaintiff, defendant prosecutes a writ of error.\nThe shipment originated at Mount Pleasant, Michigan. There it was received by the Ann Arbor railroad, which issued its through bill of lading to destination. The Ann Arbor railroad hauled it to Imlay City7, Michigan, there connecting with defendant\u2019s road, which hauled it to Black Rock, New York, and there turned it over to the Delaware, Lackawanna & Western Railway', which transported it to destination, New York City. Plaintiff says that defendant, through its agent at Imlay City, orally agreed to haul the car from that point on a certain train, No. 90, leaving early in the morning, but it failed to do so and hauled it on a later train, thus causing it to arrive at destination too late for a market, with ensuing loss.\nAbstract of the Decision.\n1. Carbiebs, \u00a7 188 \u2014when initial carrier alone liable for damage to or loss of interstate shipment due to delay while in hands of connecting carrier. Under the Carmack Amendment to the Interstate Commerce Act the remedy of a shipper for loss or damage to property delivered to an .initial carrier, which issues its through bill of lading to the shipper for interstate transportation over several lines and which property is delayed while in the hands of a connecting carrier, is against the initial carrier alone and not against the connecting carrier. .\n2. Conflict or laws, \u00a7 21*\u2014when Federal decisions govern as liability of carrier for loss of or damage to interstate shipment. As to interstate carrier\u2019s liability for loss or damage to interstate shipment decisions from State courts do not avail as the Carmack Amendment supersedes all regulations and policies of the different States.\nDefendant requested-the court to hold as a proposition of law that:\n\u201cUnder the Carmack Amendment to the Interstate Commerce Act the remedy of a shipper for loss or damage to property delivered to an initial carrier, which issues its through bill of lading to the shipper for interstate transportation over several lines and which property is delayed while in the hands of a connecting carrier, is against the initial carrier alone and not against the connecting carrier. \u2019 \u2019\nThe court marked this \u201cRefused.\u201d\nKretzinger & Kretzinger and L. L. Smith, for plaintiff in error.\nWalter H. Eckert, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0479-01",
  "first_page_order": 501,
  "last_page_order": 503
}