delivered the opinion of the court.
Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Hedrich, 202 Ill. App. 48 (1916)
Nov. 14, 1916
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Illinois Appellate Court
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Gen. No. 21,715
202 Ill. App. 48
Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company, Plaintiff in Error, v. Otto H. Hedrich, trading as Otto H. Hedrich & Company, Defendant in Error.
Gen. No. 21,715.
(Not to be reported in full.)
Error to the Municipal Court of Chicago; the Hon. John C. Work, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.
Reversed.
Opinion filed November 14, 1916.
Statement of the Case.
Action by the Pittsburgh, Cincinnati, Chicago & St. Louis Railway .Company, a corporation, plaintiff, against Otto H. Hedrich, trading as Otto H. Hedrich & Company, defendant, in the Municipal Court of Chicago, to recover transportation charges on a carload of coal consigned to defendant. To reverse a judgment for defendant on his set-off, plaintiff prosecutes this writ of error.
After the arrival of the shipment, defendant reconsigned to the Pennsylvania Company, a connecting carrier, “charges to follow.” Defendant pleaded as a set-off the amount of demurrage charges paid to the Pennsylvania Company. It also paid to plaintiff, after suit brought and before trial, the amount of the transportation charges, and the cause was tried on the set-off. It was admitted that plaintiff knew nothing of and had no interest in the demurrage charges, .and never received any part of them.
*49Loesch, Scofield & Loesch, for plaintiff in error.
No appearance for defendant in error.
Abstract of the Decision.
1. Cabbiers, § 50 * —when reconsignment creates new contract. Where a consignee, after the arrival of a shipment at its destination, orders the initial carrier to turn it over to a connecting carrier for delivery to a different party, such reconsignment creates a new contract. •
2. Carriers, § 188*—when liability of initial carrier for acts of connecting carrier ceases. An initial carrier is not liable for the acts of a connecting carrier after transportation has ceased.
3. Cabbiers, § 208*—What is the nature of demurrage charges. Demurrage charges are no part of and are separate and distinct from transportation charges, arising, if at all, after the transportation has ended.