, 1869-01-30

I
le railroad company a. 4 right of way. the grant
einK eubjcct to the following. among Other CON
i,1ons: "Tnst eait railroad company th*ll,
wne1s q eald 10. IN block ". free OF charge,
SIDE rack and eHlteh.s, IN all re-
poets equal to those used BY the eomp,n1.'
ut had notice OF the eotdlt1 rs. Subsequently
be Pltt-hureh, Fort Wasne : chtcago l1aY
onrcycd an undivided half Of la right Of way to
he Jollct l. tntcsgo Railroad. Of Whloa the dc.
endsnte railway Is the successor. and the right !
For1 Wayne s. chieatu K.ii say aud |
endaut began to refuse to deliver into the CON-
'lalraut's warehouse the gt..n consigned to 1t,
ll,hough received by tho defendant with proper |
,ra1n transported over it, road inseth warehouse
il NUN i Scott. even when c Unsigned by tue
hlppc1 10 the National Elevator; and on the ssth
Dl Ap,ll, 1868, the defendant 1ssusd the following
notice; -..-
CHICAGO & ALTON RAnRoAp.}
GHNERAL FhEiuHr A0Es1's orTicE,
- cu.eAae. Apst ., 1858.
cd 10 ,he National Elevator. Chtc .eo, If shipprrs
30 Older, al an additional charge Of nva ooilars
gram 10 coneigIod. Agents will ad ave dollars
per csr to our charges on the ws!:slll.
All ptcoLs,gned bulk grain Will be delivered to
tic Union Elevator ~ heretofore. fI.fse notify
slippers. I. q. fhAcKsTOAE,
i'restdent aud Genera, Superintendent
JAMES SMifu, tCNttAt ffe1EAt Agent.
After HAY lib, and up 10 the time OF ding the
bill, the dGteEdant has, IN eomo instGnces, sefus
ed to deliver TO thc coaplaiuants the gram con-
signed to them, ann thts a"soiutelJ aoi IRE;
tpective Of chnrges End other CASES has refused
10 deliver thrn grain. except UPON ths pasm .ut
by the thipperuf hye dollars per car, IN additlon
10 the regular charges fo., freight Ills alleged
as cu1vl uiently eltuated, With reference 10 the
delivery oEc3rs into IT, as any Of the elevators OF
other private hnesness places IN lbs cltg tnit It
7f1f fd H,1tiI
freight into euch places. free Of charge. and II
tnch delivery ls proper tu:j-c! Of c-arSe.
that five collars per car 's excetsive and r1tus.
ttonste, and HhniIy dirproportinnate to the ser
vice rendered. It IL also sltged tha. the ncts Of
the d. feucaut caused au 11rsparable .ujurJ to the
complalnant=. and that the dcse1dant thrcateus
to continue them. The bill coEcindes with i
prayer that tie defcndaLt be restrained from dc.
hyt1itg cars Of grain, cooscnel TO tue c,m-
p.atnants, to the watehou*c OF Mum s scott, or
als 0 1rom imposing the caarge o[ dre dollars per
euk for delivery At elevator. ur any other c1c:s-
slve charge The demurrer admits the state
1twllt be eeen fr> m the foregoing abstract Of
tie bill that the questions presented by this
record, in bsteE arc, whether ihe appellants have
legal night TO insist upor delivery 4: thett ele
"a u or warehouse Of grain consigned to them,
without dtscsimlr atinE chaIgcs aRstast them.
such warehouse being contested with the line Of
they hare such right, whether tho powers Of a
Court ol thaLcery Can be fnrokco 10 protect II.
Theu:e Of the common la". req 7.rlne common
CARRIERS by land 10 deliver 10 the eon.1gnee
has been SO tar relaxed In regard to rail
ways, Ison necessity. as In most cases to subatt
tute in place Of formal delivery delivery at tut
for the s,er1Ee o! goods. It has repeatedly ocer
| held by this court. thar railway Company maJ
discharge Itself OF Ii. liability as common car
| and there holding them under The rcspoushlltt!
| Of i wa1rhoueem9u, until demanded uy the c n
tigrcc. These decisions proceed upon the Eroun'
lt= own lines. Bat the QUESTION psc.ctted by tni
record IL Of different charecter. rherc ares N
tacts connected VIVA the Tact lcternaa eommclc
ntrta in ID. hill, ne Will take 1o,cla rot1c'. 10
immetee quantities Of grain Nh!th are annaa'l
t1aEsporteu TO CnlcaEo on our lin.a Of railway:
one, ii The great grain markets Of u
a11 eeey sfi e ~ NE
who nave clcc'cd vast warehouses, termed e-cS
tors, connected by side tracks With tic ma,
line Of esme railway, and pso'taed with mach'
err for the "a Id unloading Of the cifs Nh Biara4
Of the grain. AZ the grain il Of yaz!ons grad,
and p1,tee, 1t 10 Of great 1mpost1nce to The agf
cultural .9d n interest gn,a q r. tUs s.t
Itself or with grsln Of the tamc grade, and tn
sry shirpet snonid bo able to selsct his o ~ co
h ee ~ te.s 4 ns be es,s51
transported. and the eoue'gnee IA ready 70 fecst
inc tnlpme1t i, shall be faithfully delivered
| hl1Qs Els ADVANCEMENT Ia ~
| the railways as !, ,s TO The ,centteucr ana co
, etfrcc. Ii would obviously be impossible fos i
companies 10 unload apt s1ure this gra n At the
Ordinary irti sht dtpota, to he thc.c nrId unnix
with otter grain. eut cet to the order OF the c.
\ siencEs, without occurring great additional c
pense, aud they would hardly clsin the Ttgl
{ OF he purpose Of addiag the business OF co
0 miseiou merchants 10 that Of common c.r1l-
II they were 10 do 20 the tendency Of such
pratt,cc 10 create dangerous monopoly wor
Ia = f.rH
turc, ard lead to tts prohibition.
The custom Of delivering gain at the elevate
Viii sse line = bT eot1enisn. W eide % aacEs, has ii
grown Into ono Of thc :ntccssit,es Of railway o
merec. snd the bill before us av,Ts 1t Is cust'
e irom which 20 railway Company has sought u
Il part except the present appell=c.
:. Il, then, tic common law rnie req uirlug o. &C
:, cable, to tho cons1gnees, has been relaxed IN
= gard to 1aslwn>s. only from rceetslty: II is d
le cult TO perceive why the Fule should not
applied N fa force h to tssn.posa,1oa ~ Of
70 ", hSs not only cca.ct. but tue t11Way Is comps.
W to setk some othcs warehou thAn Its c
OF freight ccpoi, ard to send It's cara over {
track 10 soUo private elevator; 4rd Ele1e It
II are several elevators thus connected with
- main Inc In Substantially The tamc raoae. +
&C. diahcr1s to conceive how. a. aque.u7n mere!
nj common law, the railway company can be
mt1ted TO deliver grain to an elevator OF lts
ID Eelecuou. in place Of that to which the prop
in The Legislature. however, hs. made this MI
III atuh]eet Of lectela1ton, AID Thereby placed
question eeyotd all eontlovcfs1. section
t,s February IL, 1867, contains The iolloTtnE
so !. it shall DC unlawful for any railroad or
way COMPANY to deliver au5 grain into say
ut Ecn-c other ttar ihst Into which 1t Is c i1tte
~ wltnout the consent Of tho oNLez OF cousi
~ thereof; ana It shall be the du:s Of eafd pat
before il reaches It's destination, to gre not.
, OF tbs railroad or rall@aJ company. By card on
"a car or otherwtae. Of tho warehouse into =
fhe 10 deliver the grain according to the atrec:ts
f." The nwrtr or cnnsieCee t3cTeot, sach sallEos
IS Z railway coupsny snail BE- 'iAn,e 90 the Waseat
ss cred. Tor two months storage Of ali such era
WAS cor eigLcd or refused. ard also 10 soch Harch
man snc to tho o.ners Of sach sratn. 70: II
ycsl ! damages either Of them may hdSe eustEne
nhn reaaon Of such refueal OF neglect OF SAD m
n1Is cr railway compsIy. tncluatne all lawfa
.ion cf kuf Eu1t or euiis aeatnst such ratlrAd o.
,nc. ths s pio1tsios. Se of Ill ae. Ls1: of 1851
80 II, under the common law, there could bo
per, = n doubt ID 1eglrd . the duties ., raltway
al pa1,es in Cases OF this character this etasut
'loY- then At rest. SO faz, however. rs concern
duty 70 :s1 70 re ss1s ,ss e
80 practicable, It Il really ont deelsra'oEy Of the
c'ct mon law, and ia Few oEly In the addsusn.l
rem d:es il gives to seca1e The perform ance Of Il
such ligNicn. Asts What test onn4 su1n u, u &c
| however. by the counsel fof the eonpao1
d'eat This aci does not mean that railway cofpos
wa5 ehali deliver grain At points OF shetr 1tre. /
It does not but the question !ecots;
7s he points an b e.nslaesSa on nc 11n9 o. y,
city, ~ th,s u. paifeY RON the counsel ot sp
Tney cor ten1 thA. It's lire tonsis's only OF
:1aer track and tueh eide tracks a. belongs 10 II
, AID mnst purposes ms y unoouoeoH W., y, -
uk Of N i1ereaSe :" ear nSnncstsnnsniy. rrfI
VINO allow the ownef uf Adi&cens propcfty TO lay
g and a siue track Connecting With Its OWE ta1l
whep. Tor valid consideration, It has oac
New fe1red tnat rt7 ht, and. - IN !ne eaze ne.s
y or slae track 10 BE- laid for the 1:s Of apastie1
ort OF gr<und. and IN oyder TO III
piece. to saeh 10. heasy s5he!es 9ss .<a,s o.
. warehouse in rcadiIcss for the 1seelp1 {
st Of freight. then ne ssJ th.r euch SIDE traes
bling cors:d,rrd 4. ratt c. It's tina iof nc ps
with Of delivery oLoez 5ls ssatate: tnc.s - ~
o the WY - ~ stcn5 .nrn s1cs. frnrs hel n
e~au, The rAsway 1reaf. What dlas1snee dots
1ted a TO the cumpan9 who o.1a ne xfoona
nf WIT at With tho same convenience Thet
ttde trsck belongs to lrseH q 70 sone on
osrtsn snn lin whom it has barEatted the track
began js,af Ard when We thus tpcaS q tq
for envenisnce We sIe 70 ns ~ irr41 tn
~" on oniV On ihe croutd Of lmpo.s1nll!t5, ta
4sA' | matter Of corvs enee. SoansM aas ~
ente:n pany has no right npou euch elas IN .
Chris 81 tEc permission OF soc owner. As vel,
sign, be ss1d That common e;ssa IT a,,e9s1 al
by.n n&nt ~ erss n1. an1oeS" ~ de{iTcr,.r goc
Plaha eh.f tc xass therefore. to b. excu.ed
u II We delivery Af1er the hAck has been lala
Ian ut purroee Of = eevtnF ffe,gnt re eo"Pa, %,
world t1rht 70 eS1r a,, ~ H,,h,naen nv ,hp owner
IS &C. ds.i'e, eSst h. dane. tic eorueny "
s.S,ny ~ Lealsl5tpIe, In pcxcltnE th1a