Zoller Hop Co. v. Southern Pac. Co.
Oregon Supreme Court
From Marion: Percy B. Kelly, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action by tbe Zoller Hop Company, a corporation, to recover $1,173 damages from the Southern Pacific Company, a common carrier for its alleged negligence in shipping an interstate consignment of 100 bales of hops for plaintiff in a leaky car about November 1, 1909, whereby 23 bales of them were so injured by dampness that they were totally unfit for use.
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From Marion: Percy B. Kelly, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action by tbe Zoller Hop Company, a corporation, to recover $1,173 damages from the Southern Pacific Company, a common carrier for its alleged negligence in shipping an interstate consignment of 100 bales of hops for plaintiff in a leaky car about November 1, 1909, whereby 23 bales of them were so injured by dampness that they were totally unfit for use. The acceptance of 100 bales of hops and their transportation from Independence, Oregon, to Philadelphia, Pennsylvania, are admitted by the carrier. The…
1Opinion of the CourtJustice Burnett
The essence of the dispute here involved is the validity of the condition of the bill of lading prescribing the invoice price of the hops as the basis upon which to compute damages in case of loss. Error of the trial court is assigned in various'forms, all centering on the excerpt noted. The judge presiding at the hearing instructed the jury that the condition quoted was void, as against public policy, and that the parties to the action “are bound by the rules of law placing the liability of a comm oh carrier to the shipper of a commodity as if the contract referred to had not been entered…
2Cases cited27 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
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3Cited by10 opinions
- Voyt v. Bekins Moving & Storage Co.Oregon Supreme Court · 1941
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- Lord Electric Co. v. Pacific Intermountain Express Co.Oregon Supreme Court · 1978
- Green Mountain Log Co. v. Columbia & Nehalem River RailroadOregon Supreme Court · 1934
- Oregon-Wash. R. & N. Co. v. Cascade Contract Co.Oregon Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.