Southern Pac. Co. v. Stevens
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Arizona; William H. Sawtelle, Judge. Action by W. Samuel Stevens and Emmet C. Stevens, copartners doing business under the firm name and style of the Stevens Cotton Company, against the Southern Pacific Company, judgment for plaintiffs, and defendant brings error.
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In Error to the District Court of the United States for the District of Arizona; William H. Sawtelle, Judge. Action by W. Samuel Stevens and Emmet C. Stevens, copartners doing business under the firm name and style of the Stevens Cotton Company, against the Southern Pacific Company, judgment for plaintiffs, and defendant brings error. Tito defendants in error obtained judgment against the plaintiff in error for 85.236.01 damages l'or failure to famish cars under a contract to transport 362 head of dairy stock from Mt. Vernon, Wash., to Phoenix and Gila, Ariz. The parties will be named…
1Opinion of the CourtGilbert, Circuit Judge
(after stating- the facts as above). [1] Error is assigned to the admission of evidence of a conversation which the plaintiffs’ agents had with Gatter, in which the latter said that the defendant would handle the stock out of Mt. Vernon and give every facility therefor. This was objected to on the ground that the complaint had alleged that the contract was made with Frye at San Francisco. The testimony was admitted as preliminary to the conversation with Frye, and, if there was error in its admission, it was cured by the court’s instruction to the jury that the plaintiffs could not recover on…
2Cases cited9 opinions
- Northern Pacific Railway Co. v. American Trading Co.Supreme Court of the United States · 1904
- Johnston v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Union Mut. Life Ins. v. PayneCourt of Appeals for the Fifth Circuit · 1900
- Aerne v. GostlowOregon Supreme Court · 1911
- Brace v. Northern Pacific Railway Co.Washington Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- M. Shapiro & Son Construction Co. v. BattagliaSupreme Court of Connecticut · 1951
- United States v. BlackburnCourt of Appeals for the Ninth Circuit · 1931