, 1870-03-29
RAILROADS AND ELEVATORS.
The Rights Of Consigneas and
0wners Of Grain.

Owners Of Grain,
The Warehouse Law or Illinois.
Decision OF the Supreme Court In
tho Vincent CAAe.
srrKrxs cocxr OF .r11Soss-sEr7s1sEn.e .errRA,
vncen. E. z ':":fs Tss e: cs.ssso A!oa St Louis
I. Tne chicago Alton hailsoad compsny h.
no sutbar1ty 10 impose An additional charge oi nse
dollars pr csr fut delivery OF ca7s II the National
nc sst Il lss;, entitled waseneusencn, held
to be constitutional
chicasu II Is its duty to deliver 1t In Chicago 1t
any warehouse upon It's tine OF side tracks "
which it has been consigned.
by Injunction from delivering 10 any other WsFe-
houao than that Of complainautat any grain coa-
signed " their warehouse. and from imposing
urAn them IN additional charge for delivery BE-.
Ch;ol9o Legal S.ss
Mr.. Justice Lawrence delivered tho opinion
Of the court:
This vas bill for an Injunction brought By
The appellants against the appellee. Tho de-
ferd1nt demttr-ed to the bill. The motion for
en- injunction and the demurrer were heArd 1t
the same time. Tho demurrer was sustained
and TIC bill dismissed. wheieopon tho COM
The substance Of tho bill is briefly and cor
Tcctly stated il one Of tho arguments for ap-
pcllan,, ns foIlowr:
The conpIainants Own and occupy 4 wsre-
house in the city Of Chicago. known ~ tho
National Elevator, situated upon the line Of
the defendants 1=il-oad, AID connected With
it by side track about $50 feet in length, and
situ1ted two blocks from the freight depot, ,and
between that and the passenger depot. The
warehouse is provided with III the ordinary
Of grain IN bulk, and tho owncrs had estab-
Hshed. and mp to the Tina Of the scts com
pllined Of in the bill, were conducting
large and profitable business ss warehouse
men. The greater PAT Of the business Of tho
complainants consisted in the storing and the
ttnnsfcr Of grain which wns transported over
the defendants road, and up to about the 1st
d.Y Of MAJ last, the defendant had delivered
to The complainanta Al the grain conAlgned to
them, without objection The ndo track con-
Meeting the defendants road with tho COM
plainAnts' warehouse WIS constructed under
The following circumstances: The Brantot3
of the complainants then being the owneso Of
the lot npon which the warehouse is situated,
and through which the road of tho deIsnaauss
pasees, on the 18th OF 6eptamhcr, 1850, con-
veyed to the 1ittsbu5Eh, Fo1s Wayne L Chi.
cago Railway I strip Of land through tho lot,
to be used by tho railroad company As right
Of way, the grant being subject 70 the follow
ing, among o1hes eondiuons - lnaI sAa ran.
road company shall, when required, construct
On and Tor the use q the owners Of sad
lot IN block 70, freq Of charge . side
track and switches, in al respects equn1 to
those used " The company. ims tGseesncAs
Yrs recorded. and tho defendant h1d notice OF
TIE eondstlons. Suuse44ent!y tho f1ttspn5gh'
Enrf W1ype r. C1,icarn T2ai1xhy ronynr1d I'M
undivided bali Of It's night Of way to tue Joliet
d Chicago Isailroad, Of which the dcteuuauts
railway u the successor, Auti the I1ghi OK way
u now loint;E owned hna ussa W INC l1tss-
IuIgh, fort MAyno 4 Chicago HailMsy and The
defendant IN or about May o. is6s, tho de-
1cnd2nt began to refuse TO deliver INTO the
complhinaDts warehouse the grain consigned
to it, Although received ~ the defendant with
proper directions ~ to itA dehFerf, and to
dslire1 al grain transported over its road into
consigned hy the shipper to tho Natloaa
Elevator; and on the 1s1h OF April 1858 the
defendant issued tile following notice:
CHICAGO i ALTON NsrlnoAD.
GENERAL Fnr1our AGENTS OFFICE,
C1IcA0o, April -, 1868, }
To AoHrs: On and after LAY II, and n.,til
further notice, grain may he consigned tn tlln
National Elevator Chicago, If shippers 20
or'ler, at M additional charge Of 'iv. loliars
dollars per to our charges on tho way hill.
All unconsigned bulk grain will l,a delivered
to the Union Elevator 1s hcrotoforc. Fle asa
notify shippers.
T. T. BLACKSTONE
President and General Superintendent,
JAAEs SMITH, Gencrnl Freight Agent.
After May II. and up to tho tirnc OF Cling
the }hli, the defendant has. In some instances
refused to deliver up 70 the comp1ainauts tie
Er1in consigned 10 them. and this absolutely
and irrespective Of charges, and in other cases
a,as refused to deliver them grain, except n,sou
the payment by the shipper Of five dollars per
CIR. in addition TO the regulnr charges Ia,
freight. It is alleged in tho bill that tho sou,-
rlainants' wasehouso il as conveniently atu-
ated, with reference to tho delivery Of cars into
it, as any Of tho elevators other private busi-
ncsz pieces in the city; ttlAt it il the uniform
custom OF the railroads to deliver freight into
such places, FREQ Of Charge, aud il such delivery
is proper subject OF charge, that five dollars
Per car is excessive and c1tottiouate, and
wholly disProport rtionate TO the setvico rendered.
Il is also alleged that the acts Of the de-
fendAnt canned IN i7eparable injury ia
compl1in1uts. md th1t The defendant Mroat-
ezls 10 continue them. The bn concludes with
ep1ayer That the defendant be restrained from
delivering csrs Of grain, consigned to the com.
plainAnta, 10 tho warehouse OF Mum i Ecott
or TO any Other place, except Is consigned
and also from imposing tho charge Of 1--we dol
1Ats rer caE tor delivery 1t elevator, Or An,
tho statements OF the lM to be true.
twill tx seen from tho foregoing abstract o
tLc I'LL that the questions presented by tlli.
record, In brief, are, whether the appellant.
have legal right to insist upon dcliyory Al
their elevator or warehouse OF grain consigned
tothe1n. without discriminating charges agains
them. such warehouse being connected viii
tho line Of the railway in tue manner above
stated, aud if they have such night, whethc,
the powers Of court Of chance1y can be in.
l-ad 10 cun&
The rtle Of the common lav, requiring CON
mon Carriers by Land 70 deliver to tin consisne.
has been 30 far relaxed in 1eg1rl to railways
from necessity, a. in most cssos 10 suhstitut,
in place Of formal delivery . delivery II tn
xsEehouso Or depot provided By the eotnpanle I,
1oE Mo ssosaSe of goods II h3s repeAte1l
been held BY this court that raiiway compan
may dlscnasSe itself OF its Liabilities - = com
mun carrier by safely dcpositlng GoodA in it
NArchouser and thc1c holding thom under tn
responsibility OF = wasehouneman until dc
nauded By the conhignce. Those aecisiou
means Of delivering beyond its own lines Eu
the question presented BY this record il OF
ali1eIsnt character. There arc somo fact
connected With tho vast internal commerce 0
this State, Of whiel,. independently Of An
AvcTmcnts OF the bill, We will take judicia
notice. The immense quantities Of g.ai,
which are annually transported to Chicago 0,
our lines Of raitwAJs, milking that city, with tn
mid OF contributions from neighborin8 States
ono OF the great grain markets OF the world
" consigned to commission merchants, vii
have erected vast warehouses; termed elesa
tons, connected By side tracks with the mi
cldncsy fos tho rapid unloading OF the cars an
storage Of the grain Az the grain 10 Of var
anee 70 the agricultural and mercantile inte,
est OF the stale that each alupHGnt 0t EIal