Orillia Lumber Co. v. Chicago, Milwaukee & Puget Sound Railway Co.
Washington Supreme Court
Appeal from’ a judgment of the superior court for King county, Ronald, J., entered March 13, 1914, upon findings in favor of the intervener, in an action of replevin, tried to the court.
1DissentHolcomb, J.
(dissenting) — I dissent. The opinion of Judge Gose upon the original hearing (81 Wash. 611, 148 Pac. 152), is invincible. It states the law correctly, applies the same accurately to the facts in this case, and decides the case justly. No principles of law or justice are subverted or disregarded therein.
Too much importance is attached by the majority of the court in the present decision to the weight and effect of a bill of lading. The proposition is simple. A- common carrier is bound to receive for carriage goods delivered to it by any one, whether owner or thief, for carriage to a given…
2Cases cited4 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
- Silva v. City Council of City of McAlesterSupreme Court of Oklahoma · 1915
- Orilla Lumber Co. v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1914