Legal Opinion

Lilly Co. v. Northern Pacific Railway Co.

Washington Supreme Court

Decided August 19, 1911No. 9484PublishedCited by 7 opinions

Appeal from a judgment of the superior court for King county, Albertson, J., entered November 21, 1910, upon sustaining a demurrer to the complaint, dismissing an action in tort.

1Opinion of the CourtFullerton, J.

This is an appeal by the plaintiff from a judgment dismissing its action after a demurrer to the complaint therein had been interposed and sustained.

*590The complaint, after alleging the corporate capacity of the defendant and that it was a common carrier of both interstate and intrastate commerce, continued as follows:

“(3) That between the 6th day of July, 1904, and the 14th day of June, 1909, inclusive, the said railway company for hire, undertook and agreed to transport and deliver from said St. Paul and other points along its line of railway, freight in car load lots to be delivered to the…

2Cases cited4 opinions

  1. Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
  2. Southern Pacific Co. v. CrenshawCourt of Appeals of Georgia · 1909
  3. Ill. Cent. R. R. v. Henderson Elevator Co.Court of Appeals of Kentucky · 1910
  4. Kellog v. SowerbyAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by7 opinions

  1. Doney v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
  2. Hewitt Logging Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1917
  3. Thomas v. Chicago Burlington & Quincy RailroadSupreme Court of Kansas · 1929
  4. Columbia Baking Co. v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1948
  5. Callender v. Northern States Power Co.Supreme Court of Minnesota · 1934

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