Legal Opinion

United Brokers Co. v. Southern Pacific Co.

Oregon Supreme Court

Decided December 11, 1917PublishedCited by 6 opinions

From Multnomah: Calvin U. Gantenbein, Judge. This is an action by the United Brokers Company, a corporation, against the Southern Pacific Company, a corporation. From a judgment allowing a nonsuit, plaintiff appealed. Reversed and new trial ordered. Department 2. Statement by Mr. Justice Bean. This action was brought by the plaintiff to recover $394.72, damages to one carload shipment of tomatoes while in transit from Dania, Florida, to Portland, Oregon.

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From Multnomah: Calvin U. Gantenbein, Judge. This is an action by the United Brokers Company, a corporation, against the Southern Pacific Company, a corporation. From a judgment allowing a nonsuit, plaintiff appealed. Reversed and new trial ordered. Department 2. Statement by Mr. Justice Bean. This action was brought by the plaintiff to recover $394.72, damages to one carload shipment of tomatoes while in transit from Dania, Florida, to Portland, Oregon. The shipment was delivered by Hardie & McFarland on February 23, 1914, to the Florida East Coast Railway Company at Dania, Florida,…

1Opinion of the CourtJustice Bean

Mr. F. T. Stone, employed by the United Brokers Company, testified to the effect that he examined the car in which the goods were shipped and found them *610in bad shape, the crates of tomatoes being pushed together or “jack-knifed” and all mashed;'that he called Mr. Criger, the Southern Pacific inspector, who made out an inspection report. Counsel for plaintiff presented a written statement of this report of the car signed by the inspector and, upon request of defendant’s counsel, stated that the purpo.se of the writing was to substantiate the claim for damage, and also claimed that it was…

2Cases cited10 opinions

  1. Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
  2. Gulf, Colorado & Santa Fe Railway Co. v. EdloffTexas Supreme Court · 1896
  3. McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
  4. Hinkle v. . R. R.Supreme Court of North Carolina · 1900
  5. Hinkle, Craig & Co. v. Southern Railway Co.Supreme Court of North Carolina · 1900

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3Cited by6 opinions

  1. State v. ReyesOregon Supreme Court · 1957
  2. Thayer v. Pacific Electric Railway Co.California Supreme Court · 1961
  3. Satovsky v. CommissionerUnited States Board of Tax Appeals · 1924
  4. Appalachian Electric Power Co. v. Virginian Railway Co.West Virginia Supreme Court · 1944
  5. Layton v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1929

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