Blackwell v. Oregon Short Line Ry. Co.
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Bean. Plaintiff, N. T. Blackwell, instituted this action against the Oregon Short Line Railway Company, a corporation, and Louis P. Delsole, for the recovery of damages alleged by him to have been sustained from the asserted delivery to the carrier at Juntura, Oregon, of 197 head of cattle at about 8 o’clock on the morning of September 16,1915, and the carrier’s failure to transport them from Juntura on the…
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From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Bean. Plaintiff, N. T. Blackwell, instituted this action against the Oregon Short Line Railway Company, a corporation, and Louis P. Delsole, for the recovery of damages alleged by him to have been sustained from the asserted delivery to the carrier at Juntura, Oregon, of 197 head of cattle at about 8 o’clock on the morning of September 16,1915, and the carrier’s failure to transport them from Juntura on the defendant’s regular train, which it is averred left there after the stock had been delivered to the carrier. The…
1Opinion of the CourtJustice Bean
1. It is candidly stated in defendants’ brief as follows:
“The basic question, therefore, so far as the railroad company is concerned, was whether the plaintiff delivered and the defendant received the cattle at about 8 o’clock on the morning of the day in question and before the departure of the morning train, * * and if the cattle were delivered before the departure of that train it was the duty of the carrier to take them out then, that being the only scheduled train on the branch as provided by the published and filed schedule.”
It will be seen that there was a sharp conflict in the…
2Cases cited10 opinions
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Deming & Co. v. Merchants' Cotton-press, etc., Co.Tennessee Supreme Court · 1891
- Louisville, New Albany & Chicago Railway Co. v. GodmanIndiana Supreme Court · 1886
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Lackland v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
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3Cited by1 opinion
- Brown v. BonesteeleOregon Supreme Court · 1959