Rosenwald v. Oregon City Transp. Co.
Oregon Supreme Court
From Marion: Percy E. Kelly, Judge. This is an action by T. Eosenwald, doing business under the trade name and style of T. Eosenwald & Company, against the Oregon City Transportation Company, a corporation. Affirmed. Department 1. Statement by Mr. Justice Burnett.
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From Marion: Percy E. Kelly, Judge. This is an action by T. Eosenwald, doing business under the trade name and style of T. Eosenwald & Company, against the Oregon City Transportation Company, a corporation. Affirmed. Department 1. Statement by Mr. Justice Burnett. The substance of the complaint in this action is that on December 26, 1913, the plaintiff and his assignors delivered to the defendant as a common carrier by water for transportation to Portland, Oregon, sundry bales of hops of a certain value which the latter, in consideration of a reasonable compensation to be paid to it by the…
1Opinion
Modified April 17, 1917.
On Rehearing.
(164 Pae. 189.)
Former opinion modified on rehearing.
Mr. Hall S. Lusk, Messrs. Carson & Brown and Messrs. Dolph, Mallory, Simon & Gearin, for appellant.
Mr. Abraham Nelson and Messrs. Westbrook & West-brook, for respondents.
Department 1.
2Opinion of the CourtJustice Benson
In an able argument the plaintiff urges that the opinion of the court in this case is erroneous because while it holds that the trial court gave to the jury an incorrect instruction, it further determines that this error is negligible fop the reason that there was a fatal variance between plaintiff’s pleadings and proof which…
3Cases cited4 opinions
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Normile v. Oregon Navigation Co.Oregon Supreme Court · 1902
- Union St Ry. Co. v. First Nat. BankOregon Supreme Court · 1903
- Lacey v. O. R. & N. Co.Oregon Supreme Court · 1913