Bean v. Jackson’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Except as otherwise provided in this Act, where a consignor receives a bill and makes no objection as hereinafter provided to its terms or conditions, neither the consignor or any person who accepts delivery of the goods, or any person who seeks to enforce any provision of the bill, shall be allowed to deny that he is bound by such terms and conditions, so far as they are not contrary to law or public policy: Provided, that any objection to the lawful terms and conditions of said bill shall be made in writing, which only need state the mere fact of such objection, by the consignor within three hours after receiving said bill, and all such bills shall have attached to the same a blank form for such objection. Thereupon it shall be the duty of the officer, agent or servant of the carrier to take up such bill of lading so objected to, and upon request of such officer, agent or servant, it shall be the duty of the consignor to surrender such bill of lading and thereupon such officer, agent or servant shall issue an unconditional bill under which the consignor shall pay the lawful freight rate.””

   1 later decision quote this exact passage · from the majority
   e.g. 254 Ill. App. 149 - House v. Wheelock

2. ““The Uniform Bills of Lading Act has not changed the rule as to the effect of such limitation of liábility stipulations, but has changed the rule in regard to the proof of the making of the contract, or, in other words, of the assent of the shipper to the limitation stipulations. Formerly the carrier was bound to prove the shipper’s knowledge of such stipulations limiting liability, and his assent thereto. Wabash R. Co. v. Thomas, 122 Ill. App. 569 ; Chicago & N. W. Ry. Co. v. Calumet Stock Farm, 194 Ill. 9 ; Cleveland, C., C. & St. L. Ry. Co. v. Patton, 203 Ill. 376 . Now under the act referred to, when it is established that the shipper has received a bill of lading containing such stipulations and makes no objections thereto and particularly when he has signed the same, he is conclusively presumed to have known and assented to the same and is not allowed to deny that- he is bound thereby. The judgment will therefore be reversed with a finding of fact to be incorporated in the record of this court.””

   1 later decision quote this exact passage · from the majority
   e.g. 254 Ill. App. 149 - House v. Wheelock