John Vittuci Co. v. Canadian Pac. Ry. Co.
District Court, W.D. Washington
At Law. Action by the John Vittuci Company against the Canadian Pacific Railway Company. On demurrer to the complaint.
1Opinion of the Court
NETERER, District Judge.
[1] The plaintiff predicates his action upon an oral agreement for the transportation of commodities by the *1006defendant, a common carrier. A demurrer has been filed to the complaint.' I think the demurrer must be sustained. While it is stated on the face of the complaint that an oral agreement for the transportation was made, it is likewise stated that the defendant issued “its receipt or bill of lading for said shipment,” and that the bill of lading was assigned to the plaintiff by the shipper. An oral contract for the transportation of commodities may be made. Mobile &…
2Cases cited6 opinions
- The DelawareSupreme Court of the United States · 1872
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Indianapolis & Cincinnati Railroad v. RemmyIndiana Supreme Court · 1859
- Vanderbilt v. Ocean S. S. Co.Court of Appeals for the Second Circuit · 1914
- The JeannieDistrict Court, W.D. Washington · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- S. L. Shepard & Co. v. Agwilines, Inc.District Court, E.D. South Carolina · 1941